Justice By All: Revitalizing Civic Engagement in the Judicial System

Justice by all

Revitalizing civic engagement in the judicial system

Julia Lindpaintner

— Justice by All Revitalizing civic engagement in the judicial system a thesis book presented by Julia Lindpaintner to the Products of Design Program in partial fulfillment for the degree of Master of Fine Arts School of Visual Arts New York, New York Š 2017 For more information, please contact julia.lindpaintner@gmail.com or visit julialindpaintner.com.

Justice by all Revitalizing civic engagement in the judicial system Julia Lindpaintner

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Julia Lindpaintner

For the man I indicted

Justice by all

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Introduction 011

Revitalizing civic engagement in the judicial system

Context 020

Audience 031

The consequence business

The body politic

Motivation 022

Definitions

The man I indicted

What I mean when I say justice

Goals & objectives

Design objectives & personal goals

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032

Research methodologies

Research findings

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Justice: Process & perceptions

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Read, do, listen, make

Design principles

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Transparency, trust & teamwork

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Table of contents

Julia Lindpaintner

Design offerings

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Civic Perks: A privilege, not a pain

Product design

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In Solidarity: Tote the cause

Court Guide: Navigating the court

Service design

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Protest≠Arrest: Armed with your rights

Final products

Screen design

Communication design

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Experience design

Dance/Rally: Dance is what democracy looks like

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Epilogue

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Justice demands participation

Acknowledgments

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Gratitude

References

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Endnotes & Bibliography

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Table of contents

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Julia Lindpaintner

“The jury once existed at the core of American constitutional identity.

At the founding, jury service and voting were twin political rights, equal in stature and importance.”

— Andrew Guthrie Ferguson The Jury as Constitutional Identity 2014

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Introduction

Revitalizing civic engagement in the judicial system In the summer of 2016, I served on a grand jury, and what I expected to be a fairly unremarkable couple of weeks ended up profoundly changing my understanding of the judicial system, and in particular, the way I saw my role in it.

Before serving, I was aware of some of the problematic characteristics and consequences in the criminal justice system, like systemic racial and economic bias, mass incarceration, and prison privatization, but I saw them from a distance. It wasn’t until I was sitting in that grand jury chamber, participating in the process myself that I became viscerally aware of the way in which we, as citizens, are collectively responsible for the system and the outcomes it produces.

This realization forced me to adjust my mental model. I could no longer see the judicial system as an autonomous force acting on citizens, a system over which I had no influence. Instead, I saw a system that fundamentally relies on citizens to define and monitor the administration of justice through their participation. As such, I devoted my thesis work to exploring ways in which one might use design to revitalize civic engagement in the judicial system, asking the question: How can I as an individual work towards more just outcomes?

That design should be used as a tool in the front-line pursuit of reparative solutions in the judicial system may not be intuitive. Yet while many professions are invested in the functioning and the reform of the judicial system, design is uniquely suited to consider the way

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Introduction

individuals can transform the system through civic engagement.

Designers often act as translators and interpreters, shaping the touchpoints between corporations and customers or organizations and supporters. The human-centered approach starts from a qualitative consideration of the individual experience, which informs decisions about where and how to intervene. When designers shape the touchpoints between citizen and government, therefore, they have the power to transform individuals’ sense of agency, influence the way citizens interact with institutions, and in so doing, begin to change the systems themselves.

“Revitalize” implies that the system was once vital—and it was. Legal scholar Andrew Guthrie Ferguson writes that “The jury was once at the core of American constitutional identity.” He adds, “At the founding, jury service and voting were twin political rights, equal in stature and importance.” The two are rarely portrayed as equals today; in fact, there is an overwhelmingly negative public perception of jury duty. The power of the experience remains, however. Jurors consistently report feeling more community-oriented and more politically engaged after serving. A study in California found that fifty-five percent of jurors felt more

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confidence in the system after serving.

“Every piece of academic or creative work is shaped by the political and cultural context within which it is developed.

This thesis is no exception.”

Through the course of my research, which is covered in the first half of this book, I found that this sort of public trust is not just nice to have— it is essential. It is public trust that determines the efficacy of the system as a whole. What’s more, trust is not only cultivated through jury duty, but in every interaction a citizen has with the judicial system. From my interviewees at the Center for Court Innovation (CCI), a New York-based public-private partnership that tests and implements programs in pursuit of a more effective and humane criminal justice system, I learned about the concept of procedural justice, which provides the underpinnings for a lot of court reform efforts today. Procedural justice teaches us that the way individuals regard the judicial system is “tied more to the perceived fairness of the process... than the perceived fairness of the system.”

In practice, an operational focus on procedural justice has been shown to be highly effective.

At the Red Hook Community Justice Center in Brooklyn, New York, an emphasis is placed on transparent and participatory processes. Early results are encouraging: Adult defendants handled at the Justice Center were 10 % less likely to commit new crimes than offenders who were processed in a traditional courthouse; juvenile defendants were 20 % less likely to re-offend.

Learning this helped me formulate a theory of change to guide my design work: In order to produce just outcomes, we need to build trust in the system. To build trust, we need procedural justice. Finally, procedural justice requires transparency and the opportunity to participate. Therefore, my goal throughout was to design for transparency and participation. I did so by taking a holistic view and reimagining

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current interactions as well as inventing new ones.

Every piece of academic or creative work is shaped by the political and cultural context within which it is developed. This thesis is no exception. While my early explorations focused on interactions inside the system—jury duty, court appearances—demonstrations of civic engagement with the judicial system, such as the public reaction to the travel ban instated by President Donald Trump in January 2017 by executive order, prompted me to consider the way that citizens might interact with and influence the system from the outside as well. This resulted in a suite of interventions that fall on a continuum from the judicial space to the civic space, or more simply put, from the courts to the streets.

The first half of this book presents the research that I conducted through a variety of qualitative methodologies, including interviews, user testing, prototyping, and personal interactions with the judicial system. The second half of the book comprises the final product offerings that I developed in response to my research findings.

A designer’s approach to a problem is analogous to that of the justice-oriented citizen. By questioning the premise of a project, seeking to understand the fundamental issues at stake, and relying on real contact with users to inform our prototypes, she develops a rich and nuanced understanding of systems and are able to create tangible results in the world.

Though my exploration of the judicial system was catalyzed by my own experience doing jury duty, my interest in using design in service of social justice is longstanding. Here, I use the judicial system as a case study to explore the way design can shape the relationship between individual citizens and government institutions. This book, my research, and the final design offerings presented here are a few attempts to design products that promote civic engagement by promoting transparency and participation, both of which I believe are necessary in pursuit of social justice.

Thank you for joining me.

“A designer’s approach to a problem is analogous to that of the justiceoriented citizen.”

As I’ve undertaken this project, I’ve thought a lot about what it means to be a ‘good citizen.’

Westheimer and Kahne, academics in citizen education, outline three different types: the personally responsible citizen, the participatory citizen, and the justice-oriented citizen. The personally responsible citizen pays her taxes, recycles, obeys laws, and volunteers. The participatory citizen is given to organizing, getting involved in civic affairs at the local, regional, or even national level. The justice-oriented citizen is like the participatory citizen, but sees her participation as a way to overcome structural and systemic injustices.1 Or, as they put it: “In other words, if participatory citizens are organizing the food drive and personally responsible citizens are donating food, justice oriented citizens are asking why people are hungry and acting on what they discover.”

Introduction

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theory of change

use design to facilitate

transparency & participation fosters

relies on

procedural justice

builds

is manifest in

trust in the system

facilitates

reinforces

just outcomes

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inside /judicial space

court guide

— In the second half of this book, I present five projects that explore opportunities to revitalize civic engagement in the judicial system through five distinct design lenses

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screen design

service design

Court Guide

Civic Perks

Based on research done at Manhattan Criminal Court that revealed high levels of confusion and lack of understanding, I created Court Guide, a mobile application that acts as a resource for all court visitors. Filling the gap between the existing digital resources—official court websites and crowd-sourced platforms like Yelp—Court Guide engages all court visitors by providing targeted guidance, answering common questions, and engaging them in a dialogue to improve the conditions of the courthouse.

Inspired by the origins of jury duty as a safeguard against a government’s abuse of power and the low rates of juror turnout, I propose Civic Perks, a service designed to transform the narrative and experience of jury duty.

Civic Perks uses a text-messaging service to mitigate some of the inconveniences of jury duty, provide more context and information, and offer discounts to businesses in the vicinity of the courthouse. By partnering with the county court and local businesses, Civic Perks becomes the primary touch point throughout jury duty.

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outside / civic space

≠

protest arrest

IN SOLIDARITY

DANCE /RALLY

c o m m u n i c at i o n d e s i g n

product design

experience design

Protest≠Arrest

In Solidarity

Dance/Rally

As my work progressed, I sought ways citizens could impact the system from the outside.

Inspired by reports of arrests of protesters at Standing Rock overwhelming the North Dakota court system, I created Protest≠Arrest.

This set of temporary tattoos seeks to reduce the number of unnecessary arrests at protests by equipping demonstrators with an easy way to remember their rights, how to interact with law enforcement, and who to call if they run into trouble.

I designed In Solidarity in response to findings that peaceful protests are more effective than aggressive ones in shifting others’ mindsets around a given cause. In Solidarity is a product platform pairing: Users can find causes they support online and print out regularly updated posters with content that needs greater public awareness. The posters go in a tote bag, allowing users to become personal billboards for the issues that matter to them. In case of emergency, the bag also features a whiteboard.

Finally, I designed a project called Dance/Rally to bring dance flash mobs to rallies, protests, and demonstrations as a new form of civic action. Based on my own dance background, I felt strongly that dance could be used to energize crowds, amplify messages, and show solidarity. This experience design culminated in a dance flash mob at a rally to support the Raise the Age NY campaign at City Hall in Manhattan.

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Introduction

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Context

The consequence business The content of this magazine was generated as part of a Master’s thesis for the MFA Products of Design department at the School of Visual Arts (SVA). This brief note on the purpose and pedagogy of this program will help frame the work.

The MFA Products of Design (PoD) program seeks to create a new generation of multi-disciplinary designers, who not only understand the potential of their work to change the world, but are equipped with the skills and sensitivity to do it. As the architects of so much of our reality—the products we buy, the screens we tap, the interactions we experience—designers have a unique ability and responsibility to consider the implications of their work on society and the environment.

I often tell this anecdote about the department’s founding: When David Rhodes, President of SVA, approached Allan Chochinov about starting an industrial design program for the school, Allan declined.

“The world does not need more industrial design programs,” he said.

He saw industrial designers as having been complicit in the proliferation of gadgets and artifacts in the post-war boom, without acknowledging or taking responsibility for the environmental or social impacts of their design work. President Rhodes asked Chochinov what kind of program he would start. PoD is the answer.

In founding the department, Chochinov asserted that designers should no longer understand themselves as “just” building physical artifacts; instead, designers build consequences. What we consider the “products of design,” therefore, must encompass toolkits, systems maps, digital interfaces, critical design, narratives, experiences, and more. Designers must be fluent across media and methodologies in order to create social, environmental, and technological value that catalyzes positive change.

Along with an interdisciplinary and visionary set of founding faculty, Chochinov created a program that would prepare designers for this expansive milieu “by educating heads, hands, and hearts.” Practically speaking, a third of the classes is devoted to teaching design history,

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Context

Julia Lindpaintner

“Designers aren’t in the artifact business anymore, they’re in the consequence business.”

— Allan Chochinov, Chair & Co-Founder, MFA Products of Design human centered design (HCD) methodology, business modeling, and leadership and strategic management; another third is focused on technical skills like three-dimensional product design, graphic design, basic coding and electronics, and interaction design; the final third concerns itself with the impact and purpose of design work, ethics, social responsibility, environmental sustainability, and point of view.

In keeping with this philosophy, a PoD Master’s thesis isn’t just one thing. Instead, each student is afforded the opportunity to explore an area of inquiry through a variety of design lenses: What is the service that my thesis calls for? What’s the artifact? How would it manifest in a digital interface? What sort of experience could embody my thesis?

Over the course of two semesters, industry professionals guide the class through a process of research, prototyping, iteration, and refinement.

The methodology, research, prototypes, and proposals presented here—as well as this book itself—are all products of design. Though in print, I see the work in this book not as the conclusion of a journey, but the beginning of one. I hope that the ideas and work described here can contribute to the larger ongoing conversation around the role and responsibility of designers in shaping our collective future.

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Motivation

The man I indicted Officially, you can postpone jury duty up to two times, as long as you have a good excuse. I missed my first summons because it was sent to an old address; couldn’t make it the next time because I was travelling; then I couldn’t miss work a third time; on the fourth summons, I was in school. So when I finally appeared for jury duty at 100 Centre Street, Manhattan Criminal Court, on Tuesday, May 24th, 2016, I was pretty sure I was going to serve.

I had been called to serve on a grand jury for two weeks. There is no voir dire on a grand jury; if you are over eighteen, a US citizen, a resident of that county, and conversant in English, you’re pretty much certain to serve. So, from nine o’clock to five o’clock for two weeks, I sat in a small room on the fourth floor of the court building with 22 other jurors and heard case after case. The room was drab and brown, with windows in the back that looked out over Chinatown. My fellow jurors, an ethnically and socioeconomically diverse-seeming group, and I sat in the same numbered seats each day: I was Juror 12.

Witnesses, prosecutors, and stenographers came and went through a door to my right. Nobody socialized much, except for one professional musician with an Eastern European accent who continually tried to engage the rest of us in conversation.

In that room, we listened to the evidence and testimonies presented by assistant district attorneys and witnesses and were asked to decide whether we thought there was probable cause to believe that the accused might have committed the crime. If so, we voted to indict; if not, we voted to dismiss. There were a few other options, such as filing a grand jury report or sending it to family court, but those quickly fell by the wayside. A simple majority was enough—twelve votes equaled an indictment.

Grand juries are only used for felony level offenses. The state, on behalf of “we the people” and by way of a prosecutor from the district attorney’s office, has to secure an indictment from a grand jury in order to bring formal felony charges against an individual. If the grand jury votes to dismiss, the charges are dropped, with no consequences for the defendant. The grand jury process is secret: there is no judge involved, and it does not become a matter of public record.

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That first week, as I imagined all the jury chambers across the country, filled with ordinary people who were asked to stand as a safeguard against unfair prosecution, I developed a real appreciation for the judiciary. As each prosecutor “instructed us in the law,” I heard meticulously detailed definitions, an attempt to eliminate all ambiguity from the charges.

We soon learned how to interact with these prosecutors: what we could ask, what would invoke hearsay. I learned to raise my hand the moment the phrase “I have no further questions” passed their lips. A split second too late and the prosecutor, “seeing no questions from the grand jury” would dismiss the witness. As soon as one hand was raised, and everyone was given a moment to reflect, there were almost always further questions. It did surprise me a bit that there weren’t clearer guidelines on how to deliberate or take votes—each jury did as it pleased. Initially, we voted on all counts against an individual at once, but after a while we decided it would be fairer to vote on them separately. Until I said something to the foreman, we were also voting on whether we were ready to vote; I thought that even if a minority was not ready, deliberation should continue. Since then, I have spoken with many jurors, who confirm the wide variability in the rigor of jury deliberations. Overall, though, I was impressed with the care the system takes to make sure people were not just put on trial without cause.

But any sense of ease or reverence disappeared on Tuesday afternoon of the second week. A man accused of a non-violent crime, one of only two defendants to testify before us, was brought in. The crime was possession of an illegal weapon: a gravity knife. He confessed to having the knife, but claimed he didn’t know it was a gravity knife.

He was a veteran, Latino, and he and his wife were homeless at the time. The police officer had searched him because he suspected him of smoking an illicit substance. The man had never brandished the weapon, he said he had found it on the street just a few days before and had kept it for self-protection. “It’s scary on the streets, you know?,” he said, “I wish I’d never picked it up.”

Motivation

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“All those in favor of indictment, raise your hand.”

Thirteen people raised their hands.

I was one of them.

— Top Summonses from NY State Court System— I had postponed jury duty three times before serving in June 2016

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Motivation

— Bottom My juror’s handbook and ID

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It was clear he had violated the law as it was read to us. But that law seemed imprecise—defining a gravity knife was not straightforward.

Things were further complicated when the prosecutor questioned him about a prior arrest for possession of a gravity knife; he had spent a year in jail for it. “That knife didn’t look like this one,” he explained. We were told that it didn’t matter whether or not the man knew it was a gravity knife.

When I considered the context of this charge, I felt strongly that this man had not done anything wrong. I was suspicious of the policeman’s motivation for the search, aware that a homeless, middle-aged Latino man was not in a position of power or privilege. My sense of moral and social justice was in conflict with the legal justice I was asked to administer.

We had a long deliberation. We had sworn to carry out the office of the grand jury, which is to listen to the evidence, and decide whether or not there was probable cause to believe the crime had been committed. If yes, it was our duty to indict. “It’s not our job to convict or sentence—that’s what trial juries are for,” we kept saying to each other. We took a vote: “All those in favor of indictment, raise your hand.” Thirteen people raised their hands. I was one of them.

ME

Before I could get my thoughts together or change my mind, the case was closed, a new case brought in. I was instantly overcome with remorse, my stomach in knots.

Searching for ways to understand the conflict I felt, I googled ‘grand jury moral dilemma and learned two things that would have kept me from raising my hand. First, fewer than 4% of cases actually go to trial at the state level; the majority ends in a plea bargain, with the defendant waiving his or her right to a jury trial. That meant that our indictment was much closer to a conviction. Second, jurors can decide not to indict or convict even if they believe the defendant has committed the crime, if they don’t believe that the law is just. It’s called ‘jury nullification,’ and it meant I didn’t have to vote to indict.

For days, I could think of nothing but my guilt in contributing to that man’s fate, and the way that the so-called “justice system” had, in my opinion, produced quite the opposite. I found myself telling anyone I could about the experience, confessing my vote, as if in an effort to exculpate myself. My mind searched compulsively for excuses, but nothing changed the fact that I felt I had failed to protect my fellow citizen from an unjust law and gone against my conscience. I felt betrayed by the judicial system. How could it have made me go against my conscience? Why wasn’t I informed of my right to nullify?

S gr teno ap he r

Everything I felt in the hours, days, and weeks following that vote— the violence of my reaction to that vote—was the trigger for deep reflection on my own role in deciding that man’s fate and in contributing the conditions that brought him to court in the first place. This thesis has allowed me to go beyond my own experience and explore our relationship to the judicial system, our fellow citizens, and our role in defining and working towards justice in our communities.

That feeling of being complicit in procedure and outcome, no longer able to hold myself at arms-length from the system, motivated an opening of awareness of how personal the justice system is. It began a yearlong investigation of the relationship we as individuals have to the judicial system.

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Motivation

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Foreman

Asst.

Foreman

L pr ect os er ec n f ut or or

Secretary

Witness / Defendant

Defense attorney

— Schematic of the grand jury chamber I served in at 100 Centre Street

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Motivation

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Goals & objectives

Design objectives The overall objective of the work is to revitalize the role that we as individuals play in the judicial system. That means both improving upon the modes of interaction that are currently sanctioned, as well as pointing to opportunities to expand citizens’ involvement with the court system proper. Civic Perks and Court Guide are designed to do just that by reaching out to jurors and all court visitors, respectively. In light of a renewed and rallying interest in political engagement in 2017, I also see the opportunity to support my overall objective by creating platforms and products that express a commitment to justice. In Solidarity and Dance/Rally serve this purpose in different ways.

This design work is therefore offered both as concrete product proposal and as provocation. I propose interventions that respond to my research as solutions to some of the problems I identify in the current relationship between citizens and the judicial system. However, I see everything presented here as a work in progress, designed to provoke thought and discussion and the development of these and other ideas.

For designers, I hope my work will demonstrate the role of design in catalyzing civic engagement. Though many of the designs are speculative at this time, I have made every effort to consider the political, social, economic, environmental, and functional implications of each of them. I firmly believe that designers are capable of and responsible for considering the future their products help to build.

For my fellow citizens, I hope this work will change the way you think of the judicial system and your relationship to it. This thesis asks you to think about how or why you are not involved, provides an introduction to current and future ways to be involved, and describes the impact that involvement can have. It is my intention to engage you with this design work in the hopes that through it, you will find your way to participate, and in so doing become part of a community pursuit of justice. After all, we can only hope to achieve justice for all if it is ensured by all.

For people working in the judicial system, I hope to provoke discussion around a number of topics. I critique the lack of transparency currently offered by the courts to the citizens. I suggest that the community participation and procedural justice be embraced. Given our evolving understanding of behavioral science, I call current courtroom practices toward jury instruction and deliberation into question.

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Goals & objectives

Julia Lindpaintner

Personal goals For some, a thesis is an intensely personal project, giving the author the space to grapple with her own lived experiences. Others regard it as an academic exercise, an opportunity to thoroughly investigate a topic of intellectual or practical importance—a chance to travel through the looking glass to investigate a topic they’ve been contemplating for a while. Others still see it as a launch pad for their career; they choose their topic with an eye to their future employment.

My thesis is all three.

I had been interested in the criminal justice system before doing jury duty, but had not felt a personal relationship to it. Feeling so implicated in the fate of that one defendant changed my perspective. All of a sudden, I didn’t feel that taking part in the justice system was optional, or reserved only for jurors. In the same way that choosing not to vote is a political act, choosing not to see my role in the criminal justice system was apathetic and irresponsible. Shaken by my experience, I wanted to understand it. Had I contributed to discrimination or injustice? If I was acting with the best of intentions, what elements of the judicial system and my social environment in the jury chamber had influenced my behavior? What tools or inputs could have changed my experience, that of my fellow jurors, or perhaps that of the defendant? Could principled design or any other kind of civic or behavioral interventions be a change agent in that cycle?

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Academically, this thesis has allowed me to explore the judicial system from a philosophical, historical, practical, and aesthetic perspective. I have had the opportunity to do what designers love to do: traverse unfamiliar territory, navigate complex systems, get information and opinions from stakeholders, learn from experts, and ultimately, both imagine and produce alternative futures.

My early research began in the fields of behavioral science and organizational design. A summer working for behavioral economist Dan Ariely’s team in San Francisco added a behavioral lens to my design toolkit, and my study of the work of Zeynep Ton and Amy Edmondson laid the groundwork for the way I thought about transparency, mutually beneficial collaborations, and psychologically safe environments.

These early explorations continued to inform the kind of solutions I sought even as I brought my focus to the judicial system.

That my thesis would have direct bearing on my post-graduate career path was not planned. Yet this project has afforded me the opportunity to forge great connections and relationships, both with designers focused on social impact and civic innovation, as well as professionals in government and the judicial system. Indeed, this topic helped me find likeminded people with whom I could collaborate both professionally and personally, such as designers at the Manhattan-based social impact design firm Zago and judicial reform advocates at the Center for Court Innovation.

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“... In other words, if participatory citizens are organizing the food drive and personally responsible citizens are donating food, justice oriented citizens are asking why people are hungry and acting on what they discover.”

— Joseph Kahne & Joel Westheimer What Kind of Citizen? The Politics of Educating for Democracy American Educational Research Journal, 2004

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Audience

The body politic There is rarely a singular audience in design. At a minimum, the client and end user generally represent two distinct audiences, and it is not uncommon to be designing for multiple stakeholders within the end user set. There is also often a sense that designers are designing for each other, which opens the design process up to criticism of insularity and even irrelevancy. In the context of this academic pursuit, I believe it is necessary and appropriate to direct attention to the broader body politic as a collective audience, and to present work as a means of furthering the discussion of designers’ responsibility for working in service of positive social impact.

All of my work addresses interactions between citizens, their communities, and the judicial system. Beginning with the concrete, Court Guide addresses the needs of individuals visiting the courthouse for a variety of reasons, including, but not limited to, court appearances and jury duty. For Civic Perks, I focus on jurors as the primary user group, but am also designing for stakeholders in the community and court. Jurors were my point of entry into this thesis topic, and remain an important user group because of their unique relationship to the judicial system as citizens whose participation organized, enforced, and codified by government, but also have power to impact that system.

On the whole, jury pools tend to privilege higher-income people, while those reporting as defendants are more frequently people from underprivileged backgrounds—specifically, impoverished communities and communities of color.15 Juries’ lack of diversity is attributed to several factors, including the sources names

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are taken from, the higher opportunity cost for low-income people in serving, and historic exclusion on the basis of race and gender.

Confounding dynamics of poverty, racism, and discrimination have contributed to low-income communities and communities of color—specifically African American and Latino communities—accounting for a disproportionate number of the arrests and convictions in the United States. I intend my design solutions to be as inclusive as possible, but acknowledge that they assume a level of digital access and digital literacy that may regrettably exclude certain groups.

Whereas ‘social responsibility’ has been talked about as a corporate activity in the past decade, people are beginning to see civic leadership as the responsibility of ordinary citizens.16 My work, in particular the physical products and experience design I present, picks up on this shift in the culture. It is designed to invite discourse, encourage participation, and promote civic action. In the context of criminal justice reform, Marie Gottshalk argues that we will need to “mobilize the wide swaths of the public to bring on the convulsive politics from below that we need to dismantle the carceral state and ameliorate other gaping inequalities.”

My work seeks to mobilize that “wide swath” by presenting and inventing ways to intervene as a citizen. By calling on everyone to consider themselves accountable for any justice that is served, I hope to spur and support a level of community involvement and public outcry that is the basis for radical reform. I can see this work informing reform efforts beyond the criminal justice realm, such as in housing, health care, or environmental protection.

Audience

The design solutions themselves subsequently fall on a spectrum from interventions to be implemented in the judicial space to interventions focused on the civic space. Working within the judicial system has more immediate impact in disrupting the status quo, but as such, depends on an interest in or willingness to cooperate on the part of identified stakeholders in the court system. Inertia, bureaucracy, and politics threaten the materialization of these solutions. Products and services that could be set up without approval of the court system present the opposite challenge: while less likely to be thwarted by bureaucratic gridlock, these solutions do not have the benefit of changing power structures from within.

Ultimately, I offer this work as a catalyst for the evolving conversation around design for social impact. The increase in designers working ‘in-house’ within government and non-profit organizations is encouraging: it begins to acknowledge design as an integral rather than auxiliary activity. It is important to me that this work not remain speculative, so I make an effort in each design proposal to chart the course to implementation of my product ideas. The implementation processes I describe break with the traditional client-consultant model; I suggest instead that these types of projects should be seen as collaborative ventures, in which designers work in step with other organizations and businesses to serve the communities in need. Through this work, I hope to make the case that identifying synergies and initiating partnerships is an essential design skill.

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Definitions

What I mean when I say justice Justice The title of this thesis names three massive concepts: Justice, Judicial System, and Civic Engagement.

Any one of these alone is a territory that offers rich ground for exploration and for introspection For the purpose of clarity, each requires a specific operational definition. The next few pages provide an overview, discussion, and working definition of the above as part of a set of five important principles in this work.

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Justice is a construct, a virtue, a system, a job title, an outcome, and a process. It can be poetic, distributive, and environmental. Justice may be done, served, obstructed, sought, and found; it can prevail or it can fail, in societies, groups, or for individuals. It is historical and personal; it is fluid in its interpretation and solid in law. As a fundament of human rights, it is one of the most timeless concepts in human civilization. 2 Through my research, I’ve been introduced to more flavors of justice than I knew existed: community justice, restorative justice, problemsolving justice—the list goes on. While I define most of these terms as they come up, there are three types of justice that deserve advance discussion: social justice, criminal justice, and procedural justice.

When I think of justice in the abstract, I understand it as a stand-in for the more specific ‘social justice.’ Social justice is concerned with the equality of distribution of wealth, opportunities, and privileges within a society. The Center for Economic and Social Justice adds that social justice “imposes on each of us a personal responsibility to work with others to design and continually perfect our institutions as tools for personal and social development.”

Social justice activism calls for the protection of universal human rights, civil liberties, and equitable distribution of opportunity and privi-

Definitions

lege. 3 Where “serving justice” in the legal sense can imply quid pro quo, retribution, and “getting even,” social justice calls for a perspective that values collective over individual, and is therefore generous and generative, inclusive and preemptive, rather than reactive or transactional. This is my approach and the focal point from which my work extends.

In the context of the administration of justice through the law, there are two over-arching systems of justice: civil and criminal. Where the civil justice system is concerned with harm done to individuals, criminal justice is fundamentally concerned with harm to society.

Crimes are defined as the violation of laws, and through them violations of the community. The criminal justice system does not work on the behalf of the victim of a crime, but on behalf of the state, which in turn acts on behalf of its residents. While the civil and criminal justice systems have similarities, I focus on criminal justice because of its unique challenge of representing and prosecuting the people.

Finally, the theory of procedural justice has shaped the way I think about the importance of public perception of and possibilities for reform in the judicial system. Procedural justice encourages an assessment of justice not by looking at outcomes, but by examining the process.

Julia Lindpaintner

Judicial system Research has shown that our experience of the judicial system is more influential in building trust and ensuring compliance than the verdict in a given case. Efforts to increase procedural justice for defendants focus on making sure they feel they are given a voice, showing them respect, demonstrating impartiality in language and practices, minimizing confusion and fostering understanding of the process, and being helpful. As commonsensical as this may seem, implementation of behavior-changing interventions in the court system is challenging.

I see the push for procedural justice as a public sector manifestation of changing attitudes towards hierarchy, transparency, and inclusion in the corporate environment. As such, I believe there is an opportunity to look towards new best practices in business to inform practices in the judicial system.

It took four months for me to stop saying the ‘justice system’ and start more accurately calling it the ‘judicial system.’ ‘Judicial’ is generally defined as “relating to a judgment, the function of judging, the administration of justice;” ‘judicial system’, the structures that enable that within a government. I understand and use the term in two contexts. 4 The term ‘justice system’ is often understood as encompassing all processes within criminal and civil justice, including law enforcement and corrections. ‘Judicial system,’ on the other hand, refers specifically to the piece in between those two: the system of courts that interprets and applies the law. My interpretation of ‘judicial system’ is any part of the process that involves a judge, courtroom, jury, or lawyers. In this context, ‘court system’ is the most appropriate synonym and will be used interchangeably.

When I refer to the judicial system in the context of government, I mean to distinguish it as a branch separate from the legislative or executive. Designed to distribute power and serve as checks and balances on each other, the branches of government are constantly in dialogue and evolution. Charged with interpreting and applying the law, the judicial system checks legislative and executive power by determining the constitutionality of laws and orders. For example, in 1952 the United States

Justice by all

Definitions

Supreme Court deemed President Truman’s executive order to seize steel mills for the production of munitions unconstitutional. 5 While most visible in high-profile Supreme Court cases, the power of the judiciary can also be exacted at lower courts. When President Donald Trump signed an executive order banning travel from seven majority Muslim countries in January of 2017, it was federal judges in Virginia, Maryland, Washington, and other states that suspended both the first and the revised bans. 6 Countering claims by the President, the ruling reinforced the role of the judicial system as a check on executive power: “It is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.”7 In this context, ‘judiciary’ is the most appropriate synonym and will be used interchangeably.

It should also be explicit that I am limiting my discussion to the United States. More specifically, the bulk of my work is based on the court systems in New York at the state level, Manhattan at the county level, and 100 Centre Street, Manhattan Criminal Court, at the local level. There is such wide variation even county to county in the United States that my research could not hope to provide a comprehensive analysis of judicial practices.

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Civic engagement The powerful terms ‘civic’ and ‘engagement’ merit individual examination, before looking how to understand them as a set.

Merriam-Webster defines ‘civic’ as: “of or relating to a citizen, a city, citizenship, or community affairs,” where citizen is synonymous with resident.8 It is important to note that I do not draw a distinction between those with United States legal citizenship and those without it. In this sense, ‘civic’ is close to ‘community.’ The fact that legal rights, privileges, and opportunities for participation vary according to national citizenship is one reason that my design work addresses both opportunities to engage with the system through sanctioned channels like jury duty as well as external channels.

The term engagement has many meanings, but for the purposes of this work, I mean “the act of engaging or state of being engaged.”9 This definition makes it apparent that understanding the term ‘engagement’ is about understanding the verb ‘to engage.’

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‘To engage’ can be both passive and active. I can “be engaged by” or I can “engage with.” As a transactional function, to engage also implies something hierarchical, as to ‘enlist,’ ‘hire,’ or ‘involve.’ Regardless of use case, ‘engagement’ requires a relationship between two parties.

For this work, the relationship I’m interested in is that between the individual and the judicial system. In this context, passive and active engagement imply directionality and agency.

As citizens interacting with the court system— whether as jurors, defendants, or plaintiffs—we tend to focus on the way in which we are being engaged by or acted upon by the court system.

As I will discuss, however, there is a case to be made for the individual having a sense of agency in the relationship with the judicial system and looking for ways to actively engage with it. In order to clarify this nuance, I have chosen to substitute another term— ‘participation’—when I mean ‘engage with.’

Definitions

Putting the two together, I use the following definition of civic engagement: Civic engagement means working to make a difference in the civic life of our communities and developing the combination of knowledge, skills, values and motivation to make that difference. It means promoting the quality of life in a community, through both political and non-political processes.10 Synonymous with this meaning of ‘civic engagement’ is ‘community engagement.’ While I use these terms interchangeably, ‘civic engagement’ is somewhat more commonplace in the United States; ‘community engagement’ dominates internationally.11

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Participation

Disruption Disruption’ may feel like a hackneyed term as it relates to design. Promoted by Clayton Christensen as the hallmark of technological innovation, disruption has become the goal of entrepreneurs seeking to reimagine industry after industry. In my work, however, I invoke the term to describe two more literal meanings: “to throw into disarray,” and “to interrupt.” In a thesis devoted to justice, the judicial system, and civic engagement, my intention has been to avoid the former and embrace the latter.12

avoid another kind of disruption. Practical and operational disruption needs to be managed if an intervention is to be viable.

The balance between interrupting the judicial system and throwing it into disarray is challenging to strike, and goes to the heart of a lot of projects in civic innovation. If we design to improve the status quo, how will we create radical change? If we design for radical change, how do we get anything done?

As I’ve undertaken different projects, my greatest concern has been that I might create design proposals that create a break with the status quo. In this way, I am seeking to cause conceptual or ethical disruption and encourage a reevaluation current relationships and processes. In order to address structural and systemic problems and create change, disruption—in the sense of interruption—is essential.

To participate, simplistically, is to “take part.”

This necessarily implies that there is a ‘whole’ in relation to which you stand.13 Sometimes participation is used as an existential act, such as “we participate in the culture;” however, in this context, ‘participation,’ refers to an explicit decision toward action that goes beyond coexistence or acquiescence.14 Participation is about becoming actively involved with a larger group, movement, or experience. To participate is to have agency over the choice to act in accordance with or in service to a group, movement, or purpose.

Purposes can be ideological or practical; in the case of justice, I believe it is both.

However, to suggest solutions that disregard structural, bureaucratic, and political barriers to change in the judicial system would be selfdefeating. In order to design something that could actually be implemented, I have sought to

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Research methodology

Read, do, listen, make For this work, my methodologies include not only academic and qualitative research from interviews and secondary sources, but also experiential learnings from participation in a variety of activities, and exploration of ideas through physical and digital prototyping. An overview of these methodologies provides a framework for the research chapters that follow.

Literature During my early research, I immersed myself in the literature of behavioral science, to learn about the subtle factors that influence our thinking and decision-making every day. This served as a foundation for my choices about how visible or invisible I wanted my design interventions to be: did I want to ‘nudge’ users to subconsciously change their behavior, or call explicit attention to the issues I was addressing? The research and writings of Dan Ariely, Cass Sunstein, Richard Thaler, and Daniel Kahneman, as well as behavioral design interventions run by the Behavioral Insights Team and Ideas42 provided myriad examples of subtle changes in framing or wording having enormous impact on individuals’ decision making.

The bulk of the literature that I researched was accessed online. Influential sources that I revisited repeatedly, sometimes daily, include The Marshall Project’s excellent daily round-ups of criminal justice-related news and analysis, and the vast database of publications of the Center for Court Innovation. I read academic papers ranging from theories of procedural justice by Tom Tyler and psychological safety by Amy Edmondson to studies of post-service juror attitudes, consequences of the prevalence of plea bargains, and adoption of algorithmic software by courthouses.

A few books informed my understanding of the criminal justice system and judiciary: Law in America by Lawrence Friedman; Arbitrary Justice: The Power of the American Prosecutor by Angela Davis; Ordinary Injustice: How America Holds Court by Amy Bach; The New Jim Crow by Michelle Alexander, Prosecution

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Complex by Daniel S. Medwed; and Unfair: The New Science of Criminal Injustice by Adam Benforado.

My thinking on civic engagement was most significantly shaped two areas of literature: theories of social capital and civic engagement advanced by sociologists and discussions of the impact of technology and social media on our perception of civic life. The description of trends of withdrawal from public life set out by sociologist Robert Putnam in his seminal work Bowling Alone: The Collapse and Revival of American Community remain relevant twenty years on.17 Understanding how algorithms shape the information and opinions we are exposed to online helps explain our sense of disconnection with large swaths of the population.

Participation From the outset of this work, my own lived experience has been an important source of information and inspiration. The visceral experience of sitting in a courtroom, participating in the jury process, and living with the consequences of my decision brought me insights that interviewing jurors alone never could have.

Given my hypothesis that justice demands participation, I sought opportunities to move my thesis work from theory to practice.

I sought further opportunities to expand my thinking by seeking experiences in environments I would not previously have thought I could relate to. Such activities included attending a meetup of the New York Young Republicans, lectures on jury diversification and theories of justice, and a number of protests and demonstrations. I collaborated

Julia Lindpaintner

with designers at the small Manhattan-based social impact design firm Zago on a project to redesign the visitor experience at Manhattan Criminal Court. I volunteered my time and design skills to support organizations and causes that related to my thesis work, such as the New York Immigrant Coalition and the Raise the Age NY campaign. I participated in my department’s Strategic Action Committee and co-organized a set of lecture events called Connecting for Action, both dedicated to creating opportunities to network and expand opportunities for and typologies of civic engagement. I synthesized my learnings from some of these experiences in blog posts, in which I discussed the impact of the experience on my thesis work. Almost every experience resulted in an introduction to further interview subjects.

Interviews From September 2016 to April 2017, I conducted over forty formal interviews with subject matter experts and had countless impromptu conversations with friends, family, and strangers about their perceptions of and interactions with the judicial system.

I began by interviewing a broad range of professionals whose work requires building trust, bringing together people of different backgrounds, and fostering collaboration in their workplaces or communities. I spoke with human resource specialists, experts in organizational behavior, executive and life coaches, behavioral scientists, teachers, improv actors, and community organizers. Across the board, these interviewees talked about the importance of explicitly establishing a culture of open communication, transparency, and co-creation

Justice by all

to building trust.

Prototyping

As my focus narrowed to the court system, I interviewed a few legal professionals from around the country before focusing specifically on prosecutors and defense attorneys in the New York area. These individuals answered operational and technical questions and gave me insight into the pressures and incentives attorneys face. Speaking with individuals working for organizations devoted to judicial reform, notably at the Center for Court Innovation and the Fully Informed Jury Association, provided a broader analysis of the landscape and history of the judicial system.

Prototyping is essential to the human-centered design process. Insights gleaned from qualitative interviews can provide the inspiration for design solutions. But rather than express these ideas in words, prototyping allows the ideas to become tangible. The manifestation of the idea—whether in the form of an object, visualization, or experience—allows us to get feedback and can quickly expose problems or areas in need of further development.

I developed a questionnaire to investigate the juror experience. Speaking to ten recent jurors by telephone and in person, I collected their thoughts on their understanding of jurors’ responsibilities and rights and overall perception of the judicial system before and after their service. While their perspectives varied, my sample was demographically homogenous.

This is in part evidence of the lack of jury diversity in New York City, but was primarily an issue of recruitment. As I write this, I am in touch with former Judge Milton Tingling, the New York County Clerk and Commissioner of Jurors, in collaboration with whom I plan to conduct further jury surveys. We are currently developing a revised questionnaire that will provide useful information to the court system and allow me to further develop my service proposal Civic Perks. Despite repeated attempts, I have not spoken with many people who have interacted with the court system from the position of the defendant.

Research methodologies

Rather than product proposals, my early physical and digital prototypes are a way to share my ideas, grapple with weighty concepts, and iterate on solutions. Most prototypes presented in the research section of this book were the result of design sprints given as part of the thesis curriculum. These sprints demanded rapid synthesis of learnings and a succinct expression of our point of view, and each asked that we express the current state of our thinking through a specific design lens. For example, what would a three-dimensional instantiation of your thinking look like? What would your research look like as a digital interface?

Later in the process, I used prototypes to conduct user testing and refine my design offerings. Even when my ideas were still in flux, constructing presentations to explain my thinking and illustrate my vision allowed me to get feedback from classmates, instructors, and subject matter experts. I conducted the most tangible user testing for Court Guide, using paper prototypes, card sorts, and a few other design research tools, upon which I’ll elaborate later.

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“I consider [trial by jury] as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”

— Thomas Jefferson to Thomas Paine, 1789

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Chapter Title

Julia Lindpaintner Julia Lindpaintner

Research findings

Justice: Process & perceptions When you close your eyes and imagine a court proceeding, what do you see? If you picture a trial—two lawyers, a judge, jury, witnesses, defendant— you are imagining only about 3% of all cases that go through state court systems in the United States in a given year.

Portrayals of courtrooms in popular culture are prevalent enough to have colored most people’s understanding of what actually happens in court. Emphasizing the showmanship of incisive attorneys, the drama obscures the reality. It doesn’t show the mundane churn of arraignment hearings, public defenders meeting with their clients in the hall, individuals coming to pay fines and deal with bench warrants, and waiting to be put on a jury. It doesn’t show people sitting in courtrooms for hours at a time, unsure of when they’ll be called and what to do when they are.

Perceptions of the system The “Rule of Law Index,” a product of the World Justice Project, measures how the rule of law is experienced in the daily lives of people worldwide. Over 100,000 interviews are conducted in 99 countries to track citizens’ perceptions of eight contributing factors: Constraints on Government Powers, Absence of Corruption, Open Government, Fundamental Rights, Order and Security, Regulatory Enforcement, Civil Justice, and Criminal Justice. In 2016, the Index found that only 46% of Americans believe that there is an “absence of discrimination” in the civil and criminal justice systems, and only 52% of Americans considered equal treatment to be respected as a fundamental right by the rule of law. 18

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Research findings

Still, the public seems to have an overall higher regard for the integrity of the judiciary than other branches of government: When asked about levels of corruption in the rule of law, Americans considered the judiciary to be far less affected than the executive or legislative branches. This suggests there is still a level of trust in this process that might allow civic participation in the judicial system to act as a conduit to increased civic participation and trust in other areas of government. An important caveat to this finding, however, is that surveys of American’s perception of the court system in their areas show a significantly lower level of trust among African Americans.

Procedural justice But does public perception really matter that much? Efforts to improve public perception of the court system may be viewed as a distraction, precluding substantive reform to court operations or procedure. Research on the importance of procedural justice would disagree.

The theory of procedural justice holds that the way people feel about the court’s process has a greater influence on their overall perception of the system than does the outcome. 19 Tom Tyler, one of the leading academics on the topic, cites five factors that contribute to a perception of procedural fairness: voice, respect, neutrality, understanding, and helpfulness. 20 043

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experience

Tenets of procedural justice + Voice + Respect + Neutrality + Understanding + Helpfulness

Zago + CCI project at 100 Centre Street New York-based strategy and design firm Zago first collaborated with the Center for Court Innovation (CCI) on a project to redesign the wayfinding for the Red Hook Community Justice Center. Since its opening,, this facility had transformed community perception of the court—positive feelings about the Justice Center went from 57% to 78% over the course of two years.43 Based on a comparison of survey responses before and after the application of new signage throughout the courthouse, CCI found that court visitors were five times more likely to find their destination based on signage (rather than asking someone), and the rate at which people reported the signage as contributing to a feeling of welcome went from 7% to 25%.

Late last year, Zago won another bid to work with CCI on a much more ambitious project: redesigning the visitor experience at 100 Centre Street, Manhattan Criminal and Supreme Court. The objective is to assess and then improve procedural justice throughout the experience, from waiting in line to navigating the building to going before a judge. A collaboration between the Mayor’s Office for Criminal Justice, the courthouse, CCI, and Zago, the goal for the first phase of the project is to identify a few interventions that could be prototyped in the courthouse for a few months before being permanently implemented.

I have been fortunate to be able to join the team for several workshops and ideation sessions, helping to assess current conditions, identify potential points of intervention, and develop proposals. This work has been informative and inspiring on a few levels.

First, it gave me access to a wealth of very current information about 100 Centre Street.

Second, it gave me a real-world yardstick against which to measure the proposals I was developing in design sprints. Third, it validated my assumption that the government and court have an appetite for improving the experience for visitors at 100 Centre Street.

Though most judges focus on producing a fair outcome, ensuring procedural justice has been linked to higher public trust, willingness to comply with court rulings, and even lower rates of recidivism. As Emily Gold of the Center for Court Innovation describes it: “Underlying procedural justice is the idea that the criminal justice system must constantly be demonstrating its legitimacy to the public it serves. If the public ceases to view its justice system as legitimate, dire consequences ensue.”21 Projects to increase procedural justice, therefore, should not be seen as marketing or public relations efforts. Addressing the factors that that have been shown to make a difference to the perception of fairness in a courthouse generally requires real intervention.

From improving wayfinding systems to reduce confusion and increase self-efficacy of court visitors to providing guidelines to judges and other courthouse staff to increase their use of neutral, non-technical language, procedural

Justice by all

justice initiatives make tangible changes in courthouses and court procedure. While the evaluation of these initiatives tends to focus on changes in public perception, I suspect that these interventions also shift attitudes among the court staff themselves.

Procedural justice is generally measured by survey and observation. Occasionally, the public has been called upon to contribute to these assessments. The Fund for Modern Courts, a New York State-based organization dedicated to improving the judicial system for all New Yorkers through court reform, started a Citizen Court Monitoring Program in 1975. The program does not seem to be active anymore (Attempts to make contact with them were unsuccessful; I received no response to email inquiries or my volunteer form submission), but their website links to reports from a variety of collaborations between students and courts.

The most recent project they describe on their website was a collaboration with the American

Research findings

Association of University Women to monitor Dutchess County Family Court. The objectives of the court monitoring programs are – publicizing problems that exist in the courts; – successfully urging those responsible for the courts to make improvements, particularly in how the courts serve the public and how their personnel treat the public; and – educating citizens about the daily functions and operation of their courts. 22 Small citizen court monitoring projects have been undertaken in cities across the country both as a means of gathering data about courthouse conditions and practices, as well as a way to increase the sense of public accountability felt by judges.

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Court Report In 1975, a New York-based organization called the Fund for Modern Courts began a Citizen Court Monitoring program in order to “create a constituency of citizens who understand the problems facing the court system and who support efforts to assist the courts to function more efficiently and effectively.” Inspired by this program, I mocked up Court Report, a mobile application for citizen court monitoring, during a one-week screen design sprint.

This UI was inspired by photo displays, suggesting a side-toside swiping action between questions.

Court Report recruits interested volunteers on college campuses, guides them through a virtual training, and helps them locate a public hearing to observe. The app has two main objectives: invite young people to observe courts in action in order to expose them to the system; and collect data on key metrics of procedural justice in the courthouse. Research has shown that by making the process fairer, we can increase compliance with outcomes and laws, and build public trust.

Perceptions of the court system have also been found to be improved with exposure to it.

After users conduct their court observation session, they are guided through a series of questions, asking them to report on what they observed in the interactions between the staff, judge, defendants, and other visitors. Digital submission of observations would facilitate the data being shared with the court, local government, and the public.

This prototype brought up a few problems: first, mobile phones are currently not allowed in courtrooms. This means that the app would need to prep the users as to what to pay attention to and incentivize them to complete the survey within a few minutes of leaving. Even so, ensuring quality data could prove difficult. Without any formal oversight, and given some people’s hostile attitude toward the judicial system, the reliability of the data might be called into question.

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protot ype

Newspaper from the future This newspaper presents a speculative future state in 2075. I imagined a “utopian” state for the USA, where civic engagement is at an all-time high. Articles discuss the way prisons are being converted to schools, churches, and intentional communities, explain that emotional labor is compensated, and celebrate that every company has achieved B-Corp status. The back page ad shows images of the newly renovated Riker’s Island facilities that are now being marketed as living space for those

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THE NEW YORK TIMES, TUESDAY, AUGUST 6, 2075

interested in joining an intentional community. It’s not that everything is perfect in the future, but it depicts a future in which government is more clearly on a path towards social justice. Utopia, in this case, is a state of striving, rather than a destination to be reached. This exercise in speculative futuring allowed me to come at design solutions from a new angle.

By working backwards from this future state, opportunities and objectives for today’s design emerge.

ENGLISH EDITION

Late Edition

“All the News That’s Fit to Print”

— Descend past an elegant double-height resident library to gather in the elegant communal kitchen to join meal preparations or grab a prepared snack.

Today, warm and breezy with clear sunny skies, low 65, high 83.

Sea levels, low 15 ft, high 25 ft.

Tomorrow, warm

VOL. CCIII . . . No. 81,247 ENG

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NEW YORK, TUESDAY, AUGUST 6, 2075

2075 The New York Times Collective

TENSIONS RISE OVER FUTURE OF EMOTIONAL LABOR

Enjoy the peace and quiet of the common green space, go for a bike ride or take to the water to circumnavigate your home by kayak.

Party Leaders Warn of Widening Gender Pay Gap for Men; Advocates for Women’s Labor Insist the “Pendulum Should Swing This Way” by d.y. kenney & cameron will

— Spacious upper level suites are luxuriously appointed and drenched in sunlight.

Master bath with free-standing bathtub, double vanity, and solar-heated floors.

alex brandon—associated press—m.mosley state attorney baltimore

56th President of the United States, Marisol Lin, addresses a crowd at the new FIJA HQ in Fort Dix, New Jersey.

— Modern design and historical architectural detail combine to achieve a warm yet minimal aesthetic.

The arched central corridor serves as an internal courtyard, a place to relax, make music, or play games. Studios off this hall embrace the efficiency of micro-living.

—

A New Era of Justice Ushered Into Former Prison

President Remembers Nation’s History of Incarceration, Revolution in Community Justice by xulexa lindpaintner The National Fully Informed Citizen Association (NFICA) moved into its new headquarters today. The ceremony was led by President Lin, who took a somber tone at the site of the former Federal Correctional Institute at Fort Dix, New Jersey.

Having run on a platform of transformational justice, she took the opportunity to speak to the accomplishments of the organization and remember the incredible revolution and rebirth our system has witnessed.

“This building used to be a prison. At the height of our in-

carceration crisis, this was one of the many places in our country that men and women, disproportionately colored, minority, and low-income, were held. They were torn from their lives and hidden from view.”

Modeling a commitment to openness and psychological safety, she spoke of the particular relevance of the alternative justice revolution to her as the first transgender president.

“As we know now, justice demands transparency. I am lucky to have been born in a time when my sexual identity was not de-

nied, and in a time of such civic engagement.”

This shift was initiated by the efforts of NFICA in the 2020s, which began as the Fully Informed Jury Association. Its early efforts focused on the empowerment of citizens through jury duty. The origins of juries were not as an arm or pawn of government to be dreaded and avoided, but as a safeguard against the tyranny and ignorance of government to impose unjust laws.

Eventually, the organization returned citizens to their rightful place as arbiters of justice and in-

stigators of progress in our land, leading not only to the end of the prison industrial complex, but also to the unprecedented levels of participation and community.

As prisons began to empty out in the 2050s, they were converted to hotels, community centers, farms, schools, and even places of worship.

President Lin emphasized that we are not fundamentally better people than we were at any other time in history. “We have simply built a system that incentivizes the collective good,” she Continued on Page A2

What You Do When Teleportation Devices Work Too Well

a hologram image created by aim holographics, wpec, cbs news

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Accepting applications through September 2075.

Learn more and schedule a viewing. www.therycken.co

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Alphabet Lead Engineer Jenna Kaly explains the disconcerting effect of sudden “appearances” via Holographic Teleportational Device on the human psyche. seasons and moon phases, and is considered safe for consumer release.

It’s our human comprehension of the technology in action that is causing the problem. Tests were being run exclusively with individuals familiar with the technology, who were awaiting and expecting a sudden arrival.

Out in the field, however, people traveling by PTPD proved dangerous to others, both physically and psychologically.

“I didn’t know what I was

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witnessing — it was like a horror movie. The worst kind of surprise!,” said one complainant.

“We think we are equipped to handle this kind of technology,” explained Kaly, “but our human nature simply hasn’t had time to catch up with our developments.

We can’t override our animal reactions as easily as we’d like.”

President Lin, who trained and practiced as an existential designer before running for office, has been consulting with Alphabet on the development

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of this technology throughout, as the product has enormous implications for disaster relief, evacuations and distributing aid in a disaster scenario. Kaly confirmed that several lead experience designers from the Bureau of Design would be tapped to work on this final, crucial piece of the puzzle.

Though they did not speak to it in the press conference, there has been speculation that Alphabet’s rush to release is prompted Continued on Page A10

The closing of the markets last night marked the transition of the last remaining C-Corp to B-Corp status, making all US industry B-Corp certified.

While the US still trails most of the Middle East in its corporate practices, the achievement is not to be underestimated.

The commitment to meet rigorous standards of social and environmental performance, accountability, and transparency, are a radical departure from the business principles of the first two and a half centuries of our democracy.

As the post-capitalist landscape takes shape, US businesses look to West Africa for inspiration. When the African Allied States united in 2043, policies around the social impact of businesses was made integral to most of the new economies.

Economist Al Scott says the next standard is just around the corner. “B-Corp Status is great, but people are already beyond that. They are clamoring for an economy that institutionalizes delayed reciprocity.”

Scott refers to the antiquated expectation that any gift or transaction be immediately “paid back.” Pay It Forward spokeswoman Delisha Marko echoed Scott’s statements, adding, “We know that we are happier when we can give to others without exContinued on Page B3

het arresthuis, functionals.eu

The first residents are moving into the intentional community that used to be Rykers Island Jail.

Rebirth Through Reinvention Abundance Theorists Encourage Intentional Communities to Embrace Sites of Tragedy or Conflict by k.v. arj We need to keep memorials to our past, but Ken Corn would caution you not to memorialize symbols of inequality. Abundance Theory, which entered into the popular imagination in the 2040s, contends that there is more to be gained by transforming symbols of scarcity—things like inequality, discrimination, greed, and hoarding—into opportunities for abundance.

The real estate market seems to believe it, and trusts that the public will, too. Sites of former trauma, like the Sandy Hook Elementary School and Ryker’s Island Jail are being developed with an eye towards intentional communities. A growing market, Continued on Page A12

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sports tuesday d1-4

business day b1-6

Apple Retrospective Opens

Hamilton Celebrates 60 Years

Cubs Look Back on “Curse”

Is ‘B-Crowd’ The Next B-Corp?

Negotiations for the Intercontinental Trade Agreement began today in Khartoum. A3

The iconic tech company is planning to open their vault and display the research, prototypes, and pitch decks for every product they’ve made for the last century, from the Apple I through the iSun4. A15

Legendary hit musical Hamilton, written by Nobel Laureate and former Secretary of Culture Lin-Manuel Miranda, opened on this day in 2015. His son, Sebastian Miranda, describes the legacy he is trying to live up to. C3

In sports, the Cubs are poised to win their 55th World Series since the “curse of the Bambino” was broken in 2016. D3

Social engineers Hally Gron and Juan Detro have formalized their crowd-funded and crowd-run model.

Experts are divided on the impact. B2

A Run on the Court Interbreed Marriages in Iceland A new service seeks to formalize the relationship between pets and owners. A8

Justice by all

Continued on Page A9

Final Nail in the Coffin of C-Corps

African Alliance Leads Talks

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File No. CD17-2075. 450 Arrest Drive, Rikers Island, NY 11370. PoD Community Realty, CLLCTV c/o Rudin Management,345 Park Ave, New York, NY 10154. Photography courtesy Het Arresthuis.

starts to tip in favor of women,” said Gahee Mou of the March Alliance.

They further argue that with public school curricula having fully embraced emotional education in the 2050s, there is nothing stopping men from obtaining these positions other than antiquated notions of masculinity.

Any employer discrimination in hiring practices, however, should be addressed head on.

Proponents of intervention contend that retaining a balance in wages among all sectors is crucial to the sustained equality between the sexes.

As recently as 2055, the United States was still working to close the gender pay gap in the other direction. Women earned 97 cents on the dollar. Sustained equality within one percent was achieved in 2061. Maintaining that equilibrium has been a top priority and key metric for the Bureau of Labor.

Some of the interventions that have been proposed involve implementing hiring caps for women applying for jobs in the emotional labor market, while others suggest a devaluation of that market altogether to keep pay on par with other lines of work. Traditional craftsmanship

by sai fertig

ALPHABET EXECS SAY THE TRAVEL TECHNOLOGY MAY BE CLOSE, BUT HUMAN NATURE IS STILL HOLDING UP PUBLIC RELEASE

New tests on the forthcoming line of HTPDs — Holographic Teleportational Devices — are proving more challenging than expected. Executives of Alphabet held a press conference today to discuss the repeated delays to the anticipated date of release.

Lead engineer Jenna Kaly explained that the problem was not in the technology. The fundamental holograph teleportation functionality has been consistently replicated across a variety of environments, landscapes,

Leaders of the four parties in Congress meet today with Secretary of Labor Eva Konstant to discus appropriate regulations on emotional labor. The meeting comes in response to criticism leveled by those who warn that the highest-earning sector is threatening of growing inequality of the sexes as women outearn and outperform men in this key industry.

Emotional labor is generally understood as the process of managing feelings and expressions to fulfill the emotional requirements of a job. More specifically, workers are expected to regulate their emotions during interactions with customers, co-workers and superiors. These “soft skills” are particularly relevant in fields such as childcare, education, therapy, and the arts.

Advocate groups say this widening gap is a necessary pendulum swing in the course of history. They liken this development to affirmative action, arguing that no interventions should be undertaken just yet.

“It is high time women were the highest earners. Conditions today cannot make up for the centuries of uncompensated work that women have offered, but we certainly don’t need to intervene the moment the balance

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Courthouses have been filled since the school year ended with young people clamoring for opportunities to view trials. A19

friendings / joins a21

in memoriam 24.1.17

Young Friends Challenge the Commodification of Friendings

Frank Singer, Beloved Father and Grandfather, Departs

The popularity of friending ceremonies has some people worried. Not because they don’t want to publicliy acknowledge their friendship—but is uniformity diminishing the honor?

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Community court Procedural justice exists within an ecosystem of approaches to adjudication and judicial reform that I categorize as complementary. In New York, the most prominent organization promoting these complementary approaches is the Center for Court Innovation (CCI), a public/private partnership with the New York State Unified Court System, which grew out of project to establish the Midtown Community Court.

In the 1990s, Midtown Manhattan was experiencing high numbers of “quality of life” offenses —vandalism, prostitution, shoplifting, to name a few.. Midtown Community Court was one of the country’s first “problem-solving courts,” founded on the belief that crime should be understood as the result of a lack of social services and support. The court acts as a community resource, providing on-site social services, including drug treatment, mental health counseling, and job training. Individuals who go through the community court are given an assessment to determine their needs and given sentences that support them in getting help in that area. For example, an individual who is found to have a drug addiction problem might be “sentenced” to a rehabilitation program. By proving attendance, the defendant can avoid a criminal record and get help for the underlying cause of his or her criminal activity. Midtown Community Court also encourages the viewpoint that any individual crime is a violation of the neighborhood and community in which it is committed. Accordingly, the court facilitates the opportunity for immediate recompense through community service performed in the same area as the crime was committed.23 CCI was founded to drive this kind of work forward through its own initiatives in the New York area, supporting programs around the country, and conducting research.24 The success of the Midtown Community Court is measured primarily in a dramatic reduction in detention and in much lower rates of recidivism. CCI opened the Red Hook Community Justice Center in Brooklyn, and is working to open other facilities in New York, and support efforts to build community courts around the country. According to Michela Lowry, Senior Associate at CCI, there are a few reasons why community courts are not more ubiquitous: –w hile community courts ultimately reduce costs, the resources required for the transition are often lacking; – c ommunity courts generally don’t deal with felony offenses, which means that a community court can’t fully replace traditional courts;

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– when approached about introducing a community court model, courts often respond that they already have someone who is good at community relations or have already set up a special court for drugs or domestic violence—they do not see a need for more comprehensive and holistic reform; and

residents, community groups, and other government agencies to solve public safety problems, prevent crime and improve public confidence in the justice system. These and other programs demonstrate a firm conviction that public participation in the judicial system will make it work better.

– despite fairly conclusive evidence that harsher punishment does not result in lower recidivism, some judges and prosecutors see the community court approach as too soft on perpetrators of crimes.

“If they agree on nothing else, [framers of the constitution] concur at least in the value they set upon the trial by jury; or if there is any difference between them it consists of this: the former regard it as a valuable safeguard to liberty; the latter represent it as the very palladium of free government.”

— Alexander Hamilton Underlying the CCI’s approach is the idea that justice needs to be integrated and communityoriented. The less the judicial system isolates offenders and the more the public is involved in crime prevention and criminal rehabilitation, the better. In addition to promoting practices of procedural justice, CCI runs violence prevention programs through partnerships between law enforcement and parolees, has piloted a restorative justice project that opens channels of communication between victims and perpetrators, and advocates ‘community prosecution,’ in which prosecutors work with

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Julia Lindpaintner

protot ype

Call of Judgment Designed in response to my own experience, Call of Judgment is a voting app for grand jurors intended to mitigate social proof and bias and increase accountability. I imagined that each jury member would be provided a tablet with this app, which would guide jurors through a set of questions to prepare them to cast their vote.

Since I was creating this prototype as a provocation, I extrapolated user interface design from the staid artwork I observed in the court materials. The app first verifies you are ready to vote to keep deliberations from being cut short. Informed by studies that have found that signing one’s name at the top of a form increases honesty, the app’s user flow integrates a signature, priming for responsibility. Instead of becoming focused on just “indict” or “dismiss,” the app makes sure you are presented with all your possible actions every time. Perhaps most importantly, the app addresses social proof by having you cast your vote secretly.

This prototype helped me think about the pros and cons of standardizing the jury voting process. On the one hand, I believe it might reduce the variation in voting procedure from jury to jury. It would also begin to provide anonymous data on the extent to which jurors were abstaining, deliberating, even voting for nullification—bringing a little transparency to relatively unknown part of the justice process. On the other hand, interviewees told me that it is precisely the randomness and lack of oversight of the jury that allow it to function as a check on the system. Efforts to intervene in jury voting might undermine the autonomy of citizens performing this duty, particularly if they use subtle nudging tactics to influence behavior. While effective, this sort of intervention felt counter to the goal of transparency.

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Participating in justice

characteristics of the individuals they sought to exclude from the jury. 25

Juries: The original form of participation “No free man shall be captured or imprisoned or disseised [sic] of his freehold or of his liberties, or of his free customs, or be outlawed or exiled or in any way destroyed, nor will we proceed against him by force or proceed against him by arms, but by the lawful judgment of his peers or by the law of the land.”

— Article 39 of the Magna Carta, written in 1215 Of course, public participation in the judicial system is not a new idea: it is formalized in the body of the jury. Our judicial system has its roots in the common law tradition of Great Britain, where juries were written into the Magna Carta in 1215 as a protection against the potential tyranny of government. A reliance on average citizens as a check on government through juries was emphasized by the founding fathers in the creation of the United States judiciary. Thomas Jefferson considered trial by jury “as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” Indeed, there was consensus among the framers on the inclusion of juries, regardless of their overall ideology on the relationship between the government and individual liberties: That said, simply having juries did not guarantee that they were inclusive or representative of the communities they came from. The systematic exclusion of women from jury service was codified by an 1879 Supreme Court confirming that a state could constitutionally “confine the selection [of jurors] to males.” Though states began admitting women on juries as early as 1889 in Utah, and increasingly allowed the participation of female jurors after the passage of the Nineteenth Amendment, it wasn’t until 1978 that women were included on juries in all fifty states.

Racial discrimination in jury selection has also compromised the integrity of the jury. Even though the right to serve on juries was granted to African-Americans by the Fourteenth Amendment, their participation was suppressed under Jim Crow laws. Studies have shown that attorneys have used peremptory strikes—for which they needed to give no explanation—to manipulate the racial make-up of juries. In the 1986 case Batson v. Kentucky, the Supreme Court ruled that if the defense could show a racial pattern in prosecution peremptory strikes, non-racial reasons would need to be given. This ruling is criticized as largely ineffectual, as prosecutors simply noted other

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Even without discriminatory selection, courts face problems in jury diversification. On the whole, juries skew white and upper-middle class; minorities tend to be underrepresented.

This is attributed in part to the ways in which jury candidates are found: with names taken from tax returns, voter registration, and the driver’s licenses, many eligible young people in urban areas are not contacted. Other reasons cited are greater residential mobility in lowincome communities (which results in many jury summonses not reaching the recipients)

“Jurors should acquit, even against the judge’s instruction...if exercising their judgement with discretion and honesty they have a clear conviction that the charge of the court is wrong.”

—Alexander Hamilton, 1804 and higher costs associated with answering a summons for those whose job security would be at risk if they took a day off. 26 Courts have an interest in ensuring racially and socio-economically diverse juries for several reasons. Going back to the principles of procedural justice, having diverse jury panels builds public confidence in the system. Studies have also found that “diverse juries had longer deliberations, discussed more case facts, made fewer inaccurate statements, and were more likely to correct inaccurate statements.”

Efforts to increase jury diversification, therefore, are essential to ensuring high-quality, wellinformed groups to carry out the responsibilities of a jury.

Jury nullification As a juror, you are given a few instructions about your rights and responsibilities. You are

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informed what your task is and read definitions from the Penal Code. On trials, the judge tends to shepherd the petit jury through, letting them know how to listen to the attorneys’ arguments and the conditions under which they should return a ‘guilty’ verdict. On a grand jury, instructions are given by the assistant district attorney on the case, a practice which has been criticized for the conflict of interests it presents for the prosecutor: their duty is to act as legal counsel to the grand jury, but their ultimate goal is secure an indictment.

However, there is one type of power that is rarely announced to either type of jury. It’s called ‘jury nullification,’ and it is the provision that ultimately allows citizens to block a government from enforcing laws the people find unjust: Even if the jury believes that an individual has violated the law as it stands, it does not have to vote to indict or convict if it considers the law or the application of the law in this instance to be unjust.

Historically, jury nullification has been an important tool in protesting the law. During Colonial times, juries acquitted John Peter Zenger, who was arrested for criticizing the royal governor.27 In the pre-Civil War era, abolitionist juries often refused to convict for violations of the Fugitive Slave Act, thereby sanctioning the harboring of slaves escaping to the North. Under Prohibition, juries nullified alcohol control laws as often as sixty percent of the time.28 This resistance may have contributed to the adoption of the Twenty-First Amendment repealing Prohibition.

Prosecutors I spoke to confirmed that this option is not highlighted for jurors. In fact, a Supreme Court decision in 1895 determined that while juries have the power to nullify the law, they do not have a right to do so. This distinction is important, as it means that judges are not required to inform juries of this option, and as recently as 1997 the U.S. Court of Appeals for the Second Circuit held that a juror’s intent to nullify the law was just cause for dismissal from the jury. The fear is that telling jurors about this provision will give them license to vote haphazardly, resulting in drawn-out trials, hung juries, and miscarriages of justice. It is seen as so threatening that activists disseminating information about jury nullification outside the courthouse have been arrested.

However, there is little evidence to suggest that an understanding of jury nullification leads to chaos. Kristen Tynan runs the Fully Informed Jury Association, an organization dedicated to teaching individuals about the rights and responsibilities of jurors and supporting local activists around the country to educate their

Julia Lindpaintner

community about jury nullification. According to her, jury nullification rarely comes into play on violent cases—everybody wants to make sure violent crime is punished. Where jury nullification is more likely to play a role is with low-level offenses, such as marijuana possession. This is because the way in which marijuana possession is prosecuted and punished is out of sync with popular attitudes toward the drug.

Tynan claimed a measurable decrease in the prosecution of marijuana possession in San Diego over the course of six months could be attributed to the efforts of activists in the area running a campaign to inform the public about jury nullification.

Problems with jury duty

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With this understanding of the power of the provision, I had a different understanding of the relationship between juror and government.

Rather than thinking of it as a government obligation, I saw jury duty as a service you perform for your fellow citizens, a job of real consequence. When you fail to show up, you are relinquishing the opportunity to contribute to the administration of justice in your community.

Objective

Today, most people are relinquishing power. Of all those summoned to jury duty in New York County, under a third actually show up to the courthouse. And even when they do show up, a majority seek postponement or exemption for one reason or another. It is unusual to hear people talk about jury duty as an opportunity guard one’s community against the government’s abuse of power. In general, jury duty is avoided for its inconvenience, dreaded for its waste of time, and misunderstood for its purpose.

Popular perception of jury duty is focused on the way it affects the juror’s life, rather than on the way it affects the lives of those on trial.

Studies show, however, that individuals who actually serve on juries tend to come away with more positive attitudes towards the judicial system and the government as a whole. This is attributed largely to the fact that those who observe the system in action gain a greater appreciation for the complexity of the procedure and feel a sense of pride in their participation in a meaningful and weighty experience.

In 1960, behavioral economics called into question the prevailing assumption of rational actors in economic theory. But, our court processes—arguably where objectivity is most critical— still rely on processes that place unrealistic demands on our human cognition. Certain information provided in trial may be deemed irrelevant and struck from the record. Jurors are instructed not to consider this evidence in their decision; they are asked to “unhear” what has been presented to them.

During a one-week service design sprint, I imagined a speculative service called “Objective,” which would use technology to equip courtrooms with innovative and behaviorally informed products and processes that mitigate bias and increase objectivity for grand and petit juries without increasing their cognitive load.

Jurors would be equipped with “CleanCopy” audio-delay headphones, giving judges a chance to strike improper testimony from the record before the they even hear it. They might also wear “BiasBlind” glasses, which would reduce the influence of subconscious bias based on race and appearance by showing jurors a pixelated view of anyone on the witness stand.

Though this service was appealing at first glance, I had to recognize that it ran directly counter to my commitment to transparency. The introduction of technology literally obfuscates the trial process and creates a greater distance between the public (acting as jurors), and the professionals in the system (judge, attorneys) who would have even more privileged access to the information. This prototype sensitized me to the potential for misuse of technological interventions in the courtroom, and the impracticality of countering human bias with technology.

The job is meaningful in part because it is difficult. Jurors may be witness to disturbing evidence and testimony, and may be asked to do things that are beyond human cognition.

Consider, for example the number of times a judge will ask to have something struck from the record and instruct the jury not to consider that evidence in their ultimate deliberation. Can we really be expected to ‘un-hear’ evidence?

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As I experienced myself, bearing the weight of deciding another person’s fate, even if it is a collective decision, is stressful. 29 A survey by the National Center for State Courts found that seventy percent of all jurors feel some stress. 30 That stress is amplified by the fact that judges and court staff are hesitant to provide warnings about the content of a trial that may color jurors’ perception of the evidence, and jurors are encouraged not to speak about the trial outside the jury chamber. Increasingly, there is a push to offer post-trial counseling and mental health services for jurors, but these are still fairly uncommon.

“A trial is the one place where the system really gets tested. Everything else is done behind closed doors.”

—Judge Jed S. Rakoff Plea bargains Beyond an apathy towards jury duty, a declining number of trials threatens citizens’ ability to participate in the criminal justice system.

The time and expense associated with jury trials and insufficient jury pools are contributing factors, but the decline is largely due to the proliferation of plea bargains in criminal cases and alternate dispute resolution in civil cases.

Focusing on the criminal justice system, I learned that an increased reliance on plea bargains, whereby defendants are offered a lower sentence or penalty in return for their guilty plea, is generally attributed to the overwhelming case load courts face. Reports of public defenders crushed by their case loads describe how they are often not able to spend more than a few minutes reviewing a case and meeting with the client before defending them before a judge. ADAs have it no easier: Prosecutors I spoke with at the Bronx District Attorney’s Office cited the unmanageable case load as their biggest frustration.

The number of cases being processed by the criminal justice system essentially precludes the possibility of every case going to trial.

Courts want to avoid trials, as they are both resource- and time-intensive. Accordingly, incentives are structured in such a way as to make a

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plea bargain the most appealing option for both parties: If a defendant chooses to go to trial, they risk not only incurring the full sentence in the event that they are found guilty by the jury, but also being held for an indefinite amount of time before the trial can be convened. From the perspective of one assistant district attorney I talked to, plea bargains are both “the best possible outcome for both the system and the individual” and “the lube of the criminal justice system.” Others describe plea bargains as a necessary evil, the only way to deal with the deluge of cases coming through the system.

Today, approximately 94% of federal and 97% of state cases end in a plea bargain. 31 In my observations in the arraignment room at Manhattan Criminal Court, the judges’ first question to the prosecutor was often, “Do you have an offer?” It is in these moments that the incentive for efficiency threatens to undermine one of the most sacred principles of our criminal justice system: the presumption of innocence until proven guilty.

Critics see prosecutorial discretion and exaggerated sentences awaiting defendants if they stand trial as a distortion of justice. There is evidence of innocent people entering guilty pleas to mitigate the risk of going to trial. A 2011 report by the Bureau of Justice Assistance of the U.S. Department of Justice described evidence of racial bias in plea deals, with black defendants less likely to receive reduced sentences than whites. Prosecutorial discretion in plea bargaining is known to cause discrepancies in sentencing outcomes. Though the criminal justice system does not represent the victim, when plea deals are struck, victims and their families may feel that perpetrators are not being held accountable for the crime they committed, which can be particularly upsetting in cases of rape and sexual assault. Those who oppose the practice argue that defendants would be better off without plea bargaining because cases would be judged more impartially, and hold that the number of trials would not increase dramatically, because prosecutorial budgets would only allow those cases to be prosecuted that have sufficient evidence. This, they argue, would reduce coerced guilty pleas from the innocent, and would be less likely to result in violent offenders receiving lenient sentences.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

The public performance of the administration of justice is the exception, not the rule. Instead, the plea bargaining process often happens informally, is not necessarily documented, and is almost never a matter of public record. 33 Although plea bargaining has been prevalent for decades, it wasn’t until 2012 that the Supreme Court issued a decision that “acknowledged that it has been enforcing an image of the system that is very different from the real, workaday world inhabited by prosecutors and defense lawyers across the country.”34 “It’s hugely disappointing,” said Judge Jed S. Rakoff, a twenty year veteran of the Manhattan federal bench. “A trial is the one place where the system really gets tested. Everything else is done behind closed doors.”36

“When trials vanish, citizenship suffers.”

—Preet Bharara The ruling affirmed defendants’ right under the Sixth Amendment to legal counsel during pretrial negotiations, because, as Justice Kennedy wrote: “In today’s criminal justice system, the negotiation of a plea bargain, rather than the unfolding of a trial, is almost always the critical point for a defendant.” While the decision expanded judges’ ability to provide oversight in plea negotiations, it also further legitimized plea bargains as a judicial tool, and failed to consider the implications of the preponderance of plea bargains on the average citizens’ ability to play a part or have oversight of the judicial system.

According to Preet Bharara, the United States attorney in Manhattan, “When trials vanish, citizenship also suffers.”

Lack of public access Understanding the practice, prevalence, and problems with plea bargains upends the popular understanding of how the criminal justice system works. The lack of public scrutiny afforded in most cases directly contradicts the guarantees of the Sixth Amendment:

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That said, while federal rulings get more attention in the media, the way the criminal justice system works is determined largely at the state and local level. Procedures and services vary between counties and even between courthouses within a county. Several interviewees described judges as being particularly influential. Within their “fiefdoms,” they can exert a

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protot ype

Public Bargain Public Bargain was the result of a one-week social enterprise design sprint. I wondered: if everyone were aware of the extent and impact of plea bargains, would there be public outcry? What do we lose when we, in our capacity as jurors, stop being part of the judicial process. To explore this idea, I imagined a social enterprise dedicated to educating the public on plea bargaining, demanding transparency, and calling for courts to be held accountable to the public.

This prototype was the manifestation of my shock at the statistics on plea bargains. Creating it helped me identify a few goals I was conflating: public participation and education, a decrease in the number of plea bargains, and reform to the plea bargaining process. Prototyping a social venture was revealing: I realized I had little to say beyond, “Isn’t this shocking?” My strong bias against plea bargains seemed naïve without an equally strong idea for an actionable proposal for change.

— Poster series to raise public awareness of the extent to which plea bargains are used

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“Our collective ability to realize a future hinges on our ability to imagine it.”

—Stuart Candy

experience

Future of the court system: a co-creation workshop The more I learned about the court system, the less I understood. Overwhelmed at the idea of designing interventions that could fit within this incredibly complex system, I designed a co-creation workshop around a speculative futuring exercise to free my mind from the constraints of the present.

Speculative futuring is a design methodology in which one designs for an imaginary future scenario. Alternatively referred to as critical design and design fiction, futuring allows designers to explore a range of potential futures through speculative physical artifacts. The methodology holds that because the future does not yet exist, it is necessarily plural. Therefore, the goal of this work is not to create products for today’s market, but rather to elicit debate, facilitate discussion, and collectively define a preferable future. The hope is that by imagining the future, we can make

more informed and thoughtful decisions in the present.

The workshop was titled “The future of the court system.” The six participants worked in teams of two to build a speculative object that would exist in the court system in the year 2075. Each team was guided by three pieces of information: a stakeholder perspective, a current trend in the court system, and a future condition. For example, one team was dealt: “Judge;” “There are new opportunities for communication between victims and perpetrators;” and “Trigger warnings are mandated by law.”

The futuring exercise drew my attention to the opportunities for and dangers of technology in the courtroom, which informed the service prototype called “Objective.”

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PERSPECTIVE

Grand juries indict 99% of the time

Witness

PERSPECTIVE

fMRI lie detection evidence is permissible in court

Contact lenses with 24/7 video capture are standard

ENVIRONMENT

Trigger warnings are mandated by law

Emojis are used in legal documents

ENVIRONMENT

Algorithmic optimization ensures we only see media that aligns with our beliefs

Implicit bias can be detected and quantified

ENVIRONMENT

TREND

Juror

TREND

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94% of cases end in a plea bargain

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Defendant

TREND

PERSPECTIVE

Algorithms are used by judges in determining pretrial holding / release

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Judge

ENVIRONMENT

PERSPECTIVE

There are new opportunities for communication between victims and perpetrators

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Attorney

— Worksheets & prompts

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Yume & Noah Virtual reality headset system connects victim and perpetrator to allow a restorative justice process as an alternative to court processes

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Julie & Nick

The workshop concluded in a leisurely dinner, over which they shared the products they had created

These glasses show an alternate picture so that the government can’t see what we see even though they collect everything through mandated 24/7 video capture contact lenses

Justice by all

Alexandra & Delna fMRI bias & lie detector headpiece is worn by witnesses testifying to give juries, judges, and defendants more information

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Asked to recount the experience as a narrative, I wrote this account of the workshop process and performed it to the beat of the opening song in the hit Broadway musical Hamilton.

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Co-creation rap How does one thesis student, lost and confused, run a workshop, caught in the middle of so many thoughts, when she’s discovering connections each reflection ?

In one week, how would she create something unique?

The real stress was finding people who would serve as her guests Proposed a dinner, said it’d be something they’d never forget Hoped that they wouldn’t guess she hadn’t thought of the rest They said yes!

(I gotta say, my friends are the best) And all this week her brain was feeling crowded, she floundered away across the days, then she finally gave up worry After a call with Mike Vellensky got excited in a hurry She chose to focus on courts, trials, victims, and juries Then Saturday came, the weather was a shame; her friends showed up drip, drippin from the rain She told them ‘bout the future, that it’s something they can change And she gave them each a worksheet and some prompts to arrange Well they started off talking, they said, “What’s the future of justice?

Does it even work, do the people even trust it?

Got in teams of two, oh—one thing I should have mentioned: There was one guest I didn’t know, she was a friend of a friend:

Alexandra Brodsky Her name was Alexandra Brodsky She knows a million things about the law But I will too, really soon Then they were on, fear was gone, they engaged, each driven To build a court, with future conditions they were given, They stayed engaged and took stuff and made speculative objects, ‘til the dinner was displayed Sat down at the table, an intimate conclusion Asked them questions, heard suggestions, listened to their new solutions, Some examples: How will AI change our judging?

What’s the place for VR and AR and behavior nudging?

There might be nothing left to do if algorithms rule!

How can we design these systems to be seen as just another tool?

Started asking, contemplating: what if someone’s death were your say?

What if juries heard proceedings with a minute’s delay?

Wondering ‘bout jury nullification Pondering our bizarre current situation We talked and ate, and ate and talked And that is the story of my workshop!

— Full audio of the rap is available at bit.ly/cocreation-rap

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powerful influence—for better or worse—on the way juries are instructed, defendants are treated and sentenced, and hearings and trials are run. This suggests an opportunity to reform the judicial system at the community level.

with put it this way: “For the wealthy, bail is an inconvenience. For the poor, bail is a jail sentence.” Kumar Rao, formerly a public defender with the Bronx Defenders, told me his first objective was always to avoid or reduce bail on behalf of his client.

The incarceration crisis Much of the recent attention to criminal justice reform, both on the national and local level, has been on the crisis of incarceration. The oftcited statistic still shocks: The U.S. accounts for 5% of the world’s population but 25% of its prisoners. Between 1980 and 2008, the number of incarcerated people in America quadrupled.

Any discussion of the crisis of incarceration must acknowledge the disproportionate burden borne by the African American community. In The New Jim Crow, Michelle Alexander argues that after abolition, slavery was replaced with the systematic criminalization of black people. The Thirteenth Amendment to the Constitution banned slavery with an important exception: “as punishment for crime.” The documentary 13th by Ava DuVernay makes the case that this loophole allowed for the criminal justice system, and particularly prisons, to become a new system of racial control. Today, approximately one million of the 2.3 million incarcerated are African American, and one in six black men has been incarcerated. If trends continue, one in three black men born today can expect to be incarcerated in his lifetime. Even though about five times as many white people report using illicit drugs as African Americans, black people are sent to prison for drug offenses ten times as often. 37 Responding to police brutality against African American people, the Black Lives Matter movement has brought increased awareness and attention to the deep-seated distrust between law enforcement and communities of color. There is a growing understanding that policies intended to “get tough on crime” such as Stop & Frisk systematically and disproportionately target low-income neighborhoods and neighborhoods of color. 38

– Access to legal representation. Though the Fourteenth Amendment provides for the right to legal representation in the event that an individual cannot afford it, this only applies in criminal cases. Income cutoffs also mean that some individuals may not qualify for public defense, but also not be able to afford an attorney.

– Criminalization of drugs. Disparities in the treatment of crack (a drug common in lower socio-economic environments) versus cocaine (a white-collar drug) have created a socioeconomic hierarchy to drug crimes. While penalties vary from state to state, these laws and practices have substantially increased the number of people behind bars.

In the last years of the Obama administration, there was increasing bipartisan support for criminal justice reform targeting incarceration.

Politicians on the right and the left commonly cite the crushing economic burden of the system on taxpayers: over $70 billion is spent on corrections each year, consuming a growing proportion of the $200 billion spent on public safety annually.

However, in Caught: the Prison State and the Lockdown of American Politics, Marie Gottshalk argues that true reform will not come until the problems in the criminal justice system are addressed as a societal rather than a fiscal danger. 39 Doing that requires a fundamental shift in the way we see ourselves in relation to those most affected by the criminal justice system, and an understanding of the role we play in perpetuating its problems.

The judicial system, acting as the bridge between police and prison, contributes to these inequities. In particular, a number of standard practices discriminate on the basis of income, which is often aligned with race: – Plea bargains. As discussed above, the risks and resources implied in a jury trial are often too great to be borne.

– Bail. The terms of bail tend to unfairly disadvantage low-income people. An Assistant District Attorney in the Bronx I spoke

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experience

Presidential debate with NY Young Republicans In an effort to expose myself to people of opposite political leanings and challenge my own biases, I attended a debate viewing party organized and attended by the New York Young Republicans Club. At a crowded bar in Midtown Manhattan, I watched the first debate between the then nominees for president, Donald Trump and Hillary Clinton. In an ever more polarized and divided political climate, I was curious what I might learn by seeking disagreement.

I had two main takeaways:

Second, psychological safety is essential to productive dialogue. When I asked the first man I met at the event—another first-time attendee of the meetup—what made him seek out this gathering, he said: “Well, I wanted to find a place to watch the debates where I’d feel safe.” In the context of our conversation, it was clear that he meant that he wanted to be somewhere where having and expressing his views and beliefs would not put him in danger. While psychological safety is talked about a lot with regard to building productive work environments, it occurred to me that it was an essential ingredient in civic debate.

First, being with people you don’t agree with makes you listen differently. Surrounded by people who I imagined I had little in common with, I listened more carefully to both candidates. There was no chance of being swept up in the crowd’s reaction. While I certainly wasn’t an objective listener, I was able to be more critical of Clinton and more affected by Trump’s arguments. I got a glimpse of another perspective.

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Transparency, trust, and teamwork A case for participation The term ‘psychological safety’ made waves in 2016 when New York Times Magazine published an article about the findings of Project Aristotle, Google People Operation’s research initiative to understand what made teams successful. Only one measure seemed to matter.

It wasn’t time spent together, personality, age, demographics; it was a team’s reported level of ‘psychological safety.’ This measure describes the extent to which team members reported feeling comfortable admitting they had made a mistake or didn’t know the answer to a question, as well as their ability to bring “their whole self” to work and not have to suppress any aspect of their personality or identity.40 The concept of psychological safety has been studied and codified by Harvard Business School professor of Leadership and Management Amy Edmondson. In her research, Edmondson has found that teams who are able to take high interpersonal risks without fear of negative outcomes are more productive and produce higher quality work. Rather than spending energy saving face or tiptoeing around issues, she argues, these teams are able to direct their energy towards the problem at hand, identify issues early, and iterate, leading to more successful products and happier employees.

Even outside of Silicon Valley there is increasing awareness that employee wellbeing can’t be an afterthought. As Zeynep Ton describes in The Good Jobs Strategy, there are a growing number of companies in the low-cost retail and service industries that have created ‘good

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jobs’ by prioritizing employee well-being. They have remained profitable by innovating in their operations through cross-training, narrowing product selection, and being strategic about where to standardize vs. empower employees to make decisions.

These discussions of organizational behavior and company culture live in the corporate environment, where the goal is still ultimately increased profit. But what can these conversations and practices lend to the public sector?

In this environment, psychological safety can foster trust, facilitate participation, and drive productive, inclusive debate. Progress may not be as rapid as in the private sector, but this culture of collaboration should produce more resilient systems.41 To learn about the practical mechanisms that build trust, I conducted interviews with professionals whose work depended on creating safe spaces, helping others develop communication skills, or providing human resources.

My interviewees spanned disciplines and industries: I spoke with high school teachers, church organizers, life coaches, nurses, doctors, improv actors, and philosophers. I spoke with professionals in organizational development, human resources, and corporate culture change. From their varied perspectives, a few common themes emerged as essential to building trust and have become design principles:

patory process. Without a sense of individual agency, one’s ability to trust will always be undercut. In the work environment, innovation and productive collaboration are based on a co-creation of mutual norms, clear processes, and regular check-ins. In self-help spaces, the most successful therapies are those which equip the individual with tools, giving them the power to change their behavior rather than coming to rely on a guide.

2—Embrace risk-taking The notion of a psychologically safe environment is sometimes conflated with the idea of an isolated, protected, trigger-free “safe space.”

While both are supportive environments, risk is minimized in the latter but embraced in the former. Psychological safety thrives in “climates in which people are comfortable being (and expressing) themselves.” The ability to take interpersonal risks and be vulnerable contributes to the health of the group and its ability to collaborate, innovate, and succeed.

This is particularly important as we think about applying the concept of psychological safety to the public sector. Government, policy, and politics are contentious and it is important to understand that rather than inhibiting dialogue between different factions, creating a culture of psychological safety provides the groundwork upon which to have difficult conversations, hash out differences, and build solutions.

1—Co-create, co-create, co-create

3—Manage expectations

What I heard most clearly from my interviewees was that building trust demands a partici-

One of the quickest ways to undermine trust is to dash expectations. When there is an

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observable disconnect between what one has been told and what is experienced that creates a lack of trust and thereby a lack of safety. For example, your boss may tell you she welcomes your feedback anytime, but if there is a negative personal reaction to feedback, that stated intent loses value and power.

This kind of gap may account for a great deal of public distrust in government. Particularly in the United States, the aspirations and tenets set forth in the Constitution and founding documents of our country, while inspiring, have consistently been betrayed. (Just think of the contradiction of “all men are created equal” being written at a time when slavery was still legal and acceptable.) Lower trust in government in African American communities is historically justified by a gaping disconnect between the rights afforded them in theory and their lived experience. In the last chapter, I discussed specific examples in the judicial system where our expectations do not align with reality, whether in our understanding of the system, the presumption of innocence until proven guilty, or the expectation of a trial with a jury of peers. When our expectations are dashed, our trust in the judicial system decreases.

The theory of procedural justice supports this line of reasoning and suggests some solutions.

For example, without abandoning those ideals, government in general and the judicial system in particular can provide more transparency in its operations. By managing expectations (advising jurors that they will have to wait, making sure arraignment rooms clearly explain the order in which cases are called, etc) the court system could work towards a climate of psychological safety.

A case for transparency As one of the hallmarks of environments with high psychological safety, transparency is crucial to justice. Procedural justice theory advocates for transparency in courts’ processes.

Allowing participants in the judicial system to comprehend their surroundings and what is being said to them shows respect, builds trust, and signals neutrality.

A push for transparency in industry and government is trending. There are calls for price transparency, process transparency, transparency in scholarship, transparency in government, transparency in salary, transparency in hiring & promotions. It is dangerous, however, to advocate for transparency without defining it. Definitions of the term all include the idea of openness and access, but not all of them emphasize the importance of context. Context is what takes transparency from the literal

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(information is accessible) to the functional (information is intelligible). The tool of the Internet is sometimes mischaracterized as affording a kind of automatic transparency. While undeniably powerful as a way to democratize access to content, the Internet does not produce transparency unless it affords knowledge, not just information. That is to say, information provided without context or the tools to understand it is not beneficial.

Finally, transparency and co-creation go hand in hand. Co-creation works best when parties are transparent about their intentions, and transparency itself happens when people are willing to work together. Transparency can’t be handed to you, it both depends on and facilitates shared engagement.

Critics of transparency in government point to this mischaracterization as a reason to be wary of any efforts to increase transparency. Writing for the Guardian on “The problem with transparent government,” Aditya Chakrabortty criticizes the governments for pumping out data under the guise of increased transparency. He characterizes this kind of transparency as a kind of oversharing, which, rather than allowing increased public participation and oversight, simply bogs us down.42 In a 2009 piece titled “Against Transparency,” Lawrence Lessig argues that the ‘transparency movement’, which aims to “liberate data, especially government data, so as to enable the public to process it and understand it better, or at least differently” has missed a crucial piece. In order to evaluate whether access or transparency is actually beneficial, he says, “we need to trace just how the information will enter these “complex chains of comprehension.”

Designing for transparency, therefore, is about designing these complex chains of comprehension.

Still others worry that transparency means the end of privacy. But the opposite of transparent is opaque, not private or secret. There are situations in which information should not be shared widely. The grand jury is a good example: The proceedings of grand jury hearings are not public record so that an unwarranted accusation doesn’t damage a person’s reputation. In this case, and many others, transparency of procedure is what matters, not transparency in content.

It may be helpful then to think about transparency as an approach, not an outcome. Not a destination, but an aspiration and mode of operation. To work with transparency is to reject zero-sum thinking and believe that working together, sharing best practices, building on each other’s ideas will be more productive than operating in isolation. It necessitates an attitude of abundance: In order to be work transparently, we have to There are more than enough good ideas to go around. If we give others information or access, that doesn’t deplete our own.

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experience

Behavioral design —

During July and August of 2016, I worked for Common Cents Lab, a project to increase the financial well-being of low- and middleincome Americans by applying behavioral insights to financial products. Under the umbrella of behavioral economist Dan Ariely’s Irrational Lab, Common Cents Labs partners with credit unions, financial services, and financial tech companies, instructing them on the application of learnings from behavioral science and running randomized controlled trials to make their product more effective for the end-user. This was my introduction into ‘behavioral design.’

The literature around behavioral economics is presented as popular science

Popularized as ‘nudging,’ this type of applied behavioral science attempts to use psychological and physiological levers to help users accomplish a stated goal. For instance, studies have shown that we are powerfully and unduly influenced by defaults. Famously, when looking at rates of organ donors in European countries, there was a wide gap—either almost everyone was signed up, or almost no one.

What was the difference? Whether the organ donation programs were presented as “opt-in” or “opt-out.” This example demonstrates the power of the individual cognitive burden of switching from a default. With this knowledge, we can think carefully about what defaults are set in a system, and use them to encourage civic behavior on a mass scale.

100%

100% 100% 100% 100%

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12%

Germany

17%

— This bar chart represents the percentage of the population that are organ donors.

28% 4%

I am borrowing the term ‘intention-action gap’ from behavioral science—it is often how applied behavioral science can make sure it is facilitating wanted behavior—but I am using “action” broadly. The idea is that there is a gap in much of what we do between our stated intention (e.g. wanting to save for retirement) and our actions (e.g. cutting down discretionary spending). Applied behavioral science looks to use what we know about human decision-making and motivation to close that gap (e.g. by setting up automatic paycheck deductions directed to a retirement account).

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86%

Denmark

Working alongside behavioral researchers, I was intrigued by the opportunity to take advantage of behavioral insights in my design work to create powerful effects with invisible interventions. For example, in Nudge Cass Sunstein describes how the Chicago transit authority was able to reduce accidents around a dangerous curve in Lake Shore Drive by painting horizontal lines across the road that got closer together as they approached the curve. This gave the illusion of increased speed and induced drivers to slow down without even thinking about it. Interventions like these are inspiring in their elegance and practicality.

— Flyer for a financial service that utilizes the principle of planmaking among other behavioral design elements

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“...we desperately need an era of civic inventiveness to create a renewed set of institutions and channels for a reinvigorated civic life that will fit the way we have come to live.”

— Robert Putnam Bowling Alone: The Collapse and Revival of American Community

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Final products Although my work falls on a spectrum from provocation to proposal, it has been important to me to ensure that the ideas I develop are as viable as possible. The products I present here follow a progression from design solutions intended to be implemented within the existing judicial system to interventions that would act on it from the outside. This book captures the state of these ideas in a particular moment in time; I offer all as works in progress and look for-

ward to continuing to develop them far beyond today.

Is this product inclusive and accessible to as large an audience as possible?

Throughout, I have asked the following questions to hold myself to the design principles of participation and transparency:

Is this product transparent in its origins and intentions? Does it promote transparency?

Does this product provide a direct opportunity for participation for the “end-user” through customization or co-creation?

Has the impact of this product been activated through strategic, mutually beneficial partnerships?

Increasing active participation

Dance/Rally Court Report Citizen court monitoring app

Best match with goals

Dance flash mob at protest as a new form of engagement

Civic Perks In Solidarity

Service to transform jury duty

Tote bag for everyday protest / expression

Court Guide Orientation app for court users

Protest ≠ Arrest Temporary tattoos for protesters

Decreasing transparency

Increasing transparency

Call of Judgment Grand jury voting app

Objective Digital bias prevention

Worst match with goals

Decreasing active participation

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Screen design

Navigating the court — Improving the visitor experience at Manhattan Criminal Court — Shortcomings of current resources — Procedural justice as design principle — An app for court visitors

In November of 2016, the small, New Yorkbased design firm Zago partnered with the Center for Court Innovation (CCI) and the Mayor’s Office for Criminal Justice to undertake an ambitious project to transform the experience for visitors at Manhattan Criminal and Supreme Court at 100 Centre Street.

With the goal of enhancing procedural justice, the team assessed the current conditions against four pillars: voice, respect, impartiality, and understanding. While primarily focused on the journey of individuals coming to the courthouse for a desk appearance or hearing (rather than as jurors or witnesses), the team has interviewed several groups of stakeholders in the court, including judges, court officers, clerks, and public defenders. I joined Zago’s team for several ideation sessions as well as a workshop with CCI. Some of the observations and learnings: Long lines form at the courthouse many mornings, wrapping around the block. Upon entering the building, visitors are funneled through security, which involves a metal detector and security conveyer belt. There is no indication of what you can and can’t keep in your pockets—the rules are not posted and differ from ones people might be used to at the airport. Once they’ve passed security, individuals face a dingy lobby with three halls, two elevator banks, old fans collecting dust, lists of names, and wayfinding posted on 8.5x11 printer paper.

There is no central point of orientation, so many people ask the court officers at the security desk where to go.

Nearly eighty percent of people being arraigned visit one of two arraignment rooms. If

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an individual misses the opening of court, they will not have heard the judge’s instructions, and the only rules posted prohibit the use of cell phones and reserve the front two rows of seats for attorneys. Many are therefore not aware that the courtroom closes for lunch between 1–2:15pm, and are surprised to be sent out and asked to come back after waiting for several hours. Visitors are separated from the well where attorneys and clerks process cases and prepare to bring them before the judge.

As a layperson, it is difficult to understand who is who, and what the procedure is. It is easy to overlook the makeshift basket in which one is supposed to place one’s Desk Appearance Ticket. If you miss that step, the courtroom has no way of knowing that you’re there, and you will not be called.

This is just the tip of the iceberg. While the staff is generally friendly, very little about the environment inspires confidence or a sense of ease. Measured against the principles of procedural justice, the experience has a lot of room for improvement. Simple directions and clear wayfinding would go a long way in minimizing visitors’ confusion. I worked with Zago to come up with an initial proposal for a suite of interventions aimed at clarifying navigation and establishing a friendlier tone.

Not surprisingly, progress is slow. Understandably, many stakeholders need to be brought into the fold before an intervention can be prototyped. In the meantime, the status quo persists. Despite all these observations being compiled, no action is being taken to address even the most basic suggestions, like getting a new receptacle for Desk Appearance Tickets

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or removing the steel chain that separates the audience from the well. While I cannot intervene in the physical space, there is nothing to stop the dissemination of the information that is lacking for individuals visiting the courthouse before they get there, or even as they navigate the halls.

If you do a Google search for information about what to do about a DAT, how to find out where to go, or what to expect at the courthouse, you will find a few links to court websites, lawyers peddling their services, and an entry for 100 Centre Street on Yelp. I saw an opportunity to bridge the gap by creating an accessible resource that would serve the diverse needs of visitors to the courthouse and promote procedural justice digitally.

Court Guide is an app that helps court users navigate the building and the experience by answering questions, soliciting feedback, and pointing them to resources. The app imagines four primary personas: jurors, defendants, visitors, and volunteers. The different users have some overlapping concerns—how to get there, who they’ll encounter—and others that are tailored to their specific experiences.

While traditionally procedural justice is thought of exclusively in relation to the defendant’s experience, I use this app proposal to suggest that by addressing all visitors to the courthouse

equally, we might destigmatize the idea of going to court and build trust in the system at a broader level.

Though the court system does not presently provide any volunteer opportunities, I am using this app as a means of proposing a number of functions that volunteers could take in pursuit of enhanced procedural justice at 100 Centre Street. These include signing up as a language interpreter to help non-English speakers communicate in court; volunteering as a court usher to help individuals navigate the building and the experience; and acting as citizen court monitors by sending feedback on court conditions. The operational and ethical implications of these activities are complex. In order to support programs like this, the court or a partner would need to develop rigorous recruitment and training methods.

— Opposite I created protopersonas and did scenario mapping to generate ideas for features for Court Guide

I used a number of tools during the iteration process: interviews to validate the concept, online card sorts to develop the information architecture, and a paper prototype to understand typical use patterns and points of confusion.

As I continue to develop the product, I would like to build on the conversations Zago and CCI have had and solicit feedback and content from judges, prosecutors, public defenders, and court staff.

— Currently, the best resources for people seeking information about the court online are the official website and Yelp

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Tess “First time offender” Reporting with DAT

Jaime “Grand juror” Reporting for jury duty for the first time

Mei “College student” Wants to volunteer

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— I mapped the content I wanted to include in the app and coded it according to the pillars of procedural justice

— I conducted a card sort exercise to gain an understanding of intuitive content grouping in order to build the information architecture 074

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— I used paper prototypes to go through the app experience with users and find points of confusion or frustration

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The pillars of procedural justice became design principles in building out the features and interface of the app.

Voice

Understanding

In order to give users a sense of voice, I borrowed from the typology commercial sites that ask customers “how we’re doing,” as well as integrating a Wikipedia-like user-generated content system. While crowd-sourcing information signals inclusivity and allows for hyper-current information, it also runs the risk of disseminating incorrect or even offensive information. A review system would be essential to keeping the platform trustworthy and accurate.

However, openness to visitor input could be easily signaled through short surveys pushed to users whenever they are at the courthouse.

Visually highlighting that feedback system

I saw the biggest opportunity to create value for court visitors by answering frequently asked questions, explaining procedure, identifying the players in a courthouse and courtroom, providing context and a glossary, and pointing users to more comprehensive resources where appropriate.

Respect In the courth ouse, respect is measured in tone, language, and interpersonal dynamics. Court monitors are asked to take note of whether judges make eye contact and address defendants directly and by name. In the context of the app, this translated to careful choice of vocabulary (such as referring to all users as “visitors”), straightforward navigation, and easy access to assistance.

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Neutrality Keeping in mind the importance of impartiality, I kept the vocabulary throughout the app simple, straightforward, and neutral. The app is designed to serve users at a sixth-grade reading level, and is careful to avoid stereotyped depictions of any courthouse players or processes in the design of the iconography and maps. Using Google’s Material Design standards, the app is designed to be highly accessible, lightweight, and consistent with established guidelines for user interface and user experience.

Helpfulness Beyond simply sharing information, the app incorporates helpfulness through intuitive information architecture, and by explicitly asking users for feedback on the explanations and features provided. A simple “Was this helpful?” with a thumbs up or down underscores the intention of app to be helpful, and provides an opportunity for direct, actionable feedback..

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— The interface for Court Guide is simple and colorful. Main sections of information are listed on the home screen.

The only special feature on the home screen is the feedback button, highlighting the idea that Court Guide wants user feedback. Simple survey questions could collect data through Google Forms.

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— I used the Google Material design icon grid and specifications to create custom iconography for Court Guide’s user interface.

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— I followed Google’s Material Design standards to select a palette of bright colors and used their guidelines for type treatment. — Extrapolating on my original protopersonas, I designed friendly avatars for the app

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— The onboarding for Court Guide introduces a friendly, approachable tone. By acknowledging the different reasons for being at the courthouse, it seeks to destigmatize going to court.

The app is available in all of NYC’s official languages.

— A simple overview of the app’s features is provided in the menu.

This allows users to jump quickly to content related to their reason for visiting the courthouse.

— The ‘Plan your visit’ section is navigable by reason for visit— hearing or court appearance, jury duty, and volunteer

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12:30

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Contribute by Contributetotojustice justice: reporting onconditions conditions Report on sign up to in volunteer orortranslating court

Know what to expect, whatever the reason for your visit to court

SKIP

SKIP

GO!

— To maximize helpfulness, all answers allow users to up- or downvote the answers provided

— The app proposes a volunteer program that digitizes Citizen Court Monitoring programs like the one run by the Fund for Modern Courts.

Actually implementing this would be quite challenging, but this begins to suggest a way that some information could be collected and citizens could feel empowered to report on the system as they observe it.

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Service design

A privilege, not a pain — Jury participation rates & implications on court system — Shortcomings of the current process & opportunities for intervention — Repositioning jury duty — Validation & next steps

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I had postponed jury duty four times before I finally served on a grand jury last summer. That means that there were four times when I was summoned and failed to appear in court. The good news is that I am perfectly normal. The bad news is that not showing up has become normal: under thirty percent of those summoned in New York County actually show up on any given day. These numbers are extreme and at an all-time low, but even the national average has one third of Americans skipping out on jury duty.

Reasons vary for the low response rate of jurors. They range from mild inconvenience (like having to catch up on the day’s emails in the evening) to severe imposition (such as hourly workers who face the prospect of losing their job if they fail to show up, full-time caretakers, individuals with limited mobility or illness). The court will excuse individuals who can demonstrate financial or medical hardship, but are required to provide supporting documentation.

Most people don’t take the time. For many, there is a sense that jury duty will waste their most precious resource: time.

This kind of juror apathy has real consequences. Insufficient jury pools cause delays, making it impossible for courts to follow through on the Sixth Amendment’s promise of a speedy trial. The human and economic costs of these delays are hard to understate: According to a report by New York City’s Independent Budget Office, seventy-five percent of the detainees at Rikers Island Jail have not yet been convicted of a crime. The cost of housing these yet-to-becharged individuals—$212 per day or $77,507 per year—are absorbed almost entirely by the

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city. 45 Although delays in trials are caused by many things, the idea that our individual apathy could contribute to this kind of suffering is unconscionable to me. 46 That is not to say that being a juror is easy.

Studies have shown that confusion or lack of information, disturbing evidence, economic or job concerns, the impact of the decision they come to, and a number of other factors cause stress reactions for many jurors. 46 Particularly as it pertains to the content of the case, jurors’ stress is aggravated by the lack of warning (since judges do not want to color a jury’s interpretation of the evidence) and instructions not to discuss the case outside of court. Law professor Andrew Ferguson argues that there is an opportunity to address this problem by “borrowing from the well-developed literature on trauma recovery” and creating spaces— physical or virtual—where jurors might express their emotional reaction of a verdict and find support.

Yet another consideration in increasing jury turnout is jury diversification. As described in the research section, juries tend to underrepresent minorities. While a number of initiatives are being undertaken around the country to address this—from redesigning the jury questionnaire to increasing jury pay—addressing the public perception of jury duty may be a necessary first step: “Despite the efficacy of methods that are specifically intended to increase juror diversity, it may be necessary to first overcome the general population’s opposition to serving on a jury.”

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Despite the efficacy of methods that are specifically intended to increase juror diversity, it may be necessary to first overcome the general population’s opposition to serving on a jury… If potential jurors, regardless of identity, resist jury service, then there is yet another barrier to achieving multiracial, heterogeneous jury panels. As a result, ensuring jury diversity may require a holistic approach that makes jury duty more desirable to everyone and then focuses additional efforts that target minority populations… Increasing juror pay or providing additional incentives, for example, can serve a dual role by increasing general juror turnout and encouraging individuals from lower socioeconomic backgrounds to appear by decreasing the opportunity costs associated with jury service… Likewise, community outreach, including publicity campaigns, communications with businesses and employers, and educational efforts geared toward new citizens and minorities may promote jury service for the general population as well as for diverse communities.

With all this in mind, I have developed a proposal for Civic Perks, a service which would make jury duty feel like a privilege, not a pain. To do this, I began by identifying pain points and opportunities for intervention, with the ultimate vision of repositioning jury duty in the public conscience as an act of community service and direct democratic action.

I identified a problem in the framing of jury duty on the summons itself. From the instructions to the threats for non-compliance, the summons primes you to think about how this obligation will affect your life rather than reminding you of the important role it is asking you to play in the lives of others. Ideally, therefore, I propose an invitation to sign up for Civic Perks be included on the summons. This simple graphic addition prompts you to sign up for a text messaging service.

Conversations with the current Commissioner of Jurors for New York County suggest that this direct inclusion would be challenging, but that there should be no reason the Juror website couldn’t point people towards the Civic Perks website.

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As its initial offering, Civic Perks would prompt individuals to sign up for a text reminder for jury duty. Currently, jurors are instructed to call a number the night before to find out where and when to show up. Civic Perks would take that call off their hands, sending them a text message with the relevant information and providing limited help via SMS. The SMS service would also send helpful tips, context, and fun facts for jury duty in the days leading up to it. In this way, Civic Perks could teach you about what you’ll be asked to do and why it is important and link to quick guides on its website. During jury duty, Civic Perks would send coupon codes and discount offers via text message, reinforcing the idea that when you serve on a jury, you’re connecting wit your community.

Civic Perks hopes to build ambassadors for the experience and promote jury duty as an important part of civic life. Once you have served, the Civic Perks sends a follow up note of appreciation with a Civic Perks button to wear with pride, in the same way that people wear an “I Voted” sticker on Election Day. That note acknowledges the stress of jury duty and invites you to reflect on your experience on the forum at civicperks.us. It also sends a simple survey by email or text message, soliciting feedback on both the overall experience and the conditions where they served.

Civic Perk’s funding strategy would be multifaceted, but rely heavily on partnerships with local businesses. While individuals do not do jury duty all that often, and therefore may not be inclined to interact with Civic Perks on a regular basis, businesses can capitalize on the hundreds of people coming to the courthouse every day. Largely unfamiliar with the neighborhood, these jurors are looking for places to eat lunch and get errands done. Local businesses would pay Civic Perks to drive them toward their establishments and offer jurors small discounts on goods and services. In Manhattan, I would begin by reaching out to the Chinatown Business Improvement District and the Alliance for Downtown New York to build these relationships.

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“Doing jury duty should feel like joining an awesome club”

— The blow of receiving a summons is softened

by Civic Perks’ invitation to sign up for rewards

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— Before Civic Perks messaging service is introduced on the summons and the court website

— During Civic Perks sends reminders, advice, and coupon codes for local businesses

— After Civic Perks sends thank you gift and invitation to join online forum I GOT

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— The court website would advertise and link to Civic Perks. Judge Tingling saw no reason the court wouldn’t want to do this.

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— Professor Ferguson published Why Jury Duty Matters and has written a number of articles for The Atlantic on the problems with and importance of jury duty

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— New York Commissioner of Jurors Milton Tingling

Revenue from businesses would be augmented by grants from private foundations like the National Institute for Justice. Civic Perks would work as closely as possible with the New York courts and the Mayor’s Office for Criminal Justice to leverage existing channels and relationships.

I see jury duty as a tremendous opportunity to begin to change perceptions around civic engagement. By improving the experience through principles of procedural justice, we can begin to model a new relationship between citizens and their government institutions.

I am not alone in thinking this way.

—

New York County Clerk and Commissioner of Jurors Milton A. Tingling is eager to promote the idea of jury duty as an act of civic engagement, and is enthusiastic about potential partnerships with local businesses. This kind of positive reinforcement is also fairer than enforcing fines. As with bail, the latter approach privileges those that have disposable income.

Law professor Andrew Guthrie Ferguson

Federal judge Mark Bennett argues for the adoption of a bill of rights for jurors that would provide basic comforts and services to jurors such as breaks, snacks, and post-trial counseling. He sees judges as essential to bringing innovation to the jury process and encourages them to approach their job from the “WWJW” perspective: “What Would Jurors Want?”47

— Federal judge Mark Bennett

Andrew Guthrie Ferguson is a professor of law at the UDC David A. Clarke School of Law and author of Why Jury Duty Matters: A Citizen’s Guide to Constitutional Action. In his writing, Ferguson calls for citizens to “re-conceptualize ‘being a juror’ as an important, ongoing, constitutional status, not a discrete task.”

My next steps for Civic Perks are to do more juror interviews and research to see if I can identify any other pain points and validate text messaging as a useful approach. With Judge Tingling’s support, I hope to continue to develop the project and run a pilot program.48

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— Civic Perks sends you coupons by partnering with businesses around the courthouse. You get discounts; they get more foot traffic.

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“You get discounts; they get more foot traffic”

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— Civic Perks uses a simple SMS chatbot interaction to provide convenience, tips, context, and discounts to users

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— After jury duty, you get a physical thank you to wear as a badge of honor, just as you wear an ‘I Voted’ sticker

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— This pitch deck makes the case for Civic Perks

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â‰

protest arrest

Communication design

Armed with your rights — Reduce arrests at protests while encouraging direct action — Inspiration — Proposed partnerships — Sustainability considerations — Temporary tattoos

During my observations in the public arraignment rooms at 100 Centre Street, I had seen first hand what I already knew from statistics: the vast majority of people coming before the judge had been charged with violations and misdemeanors. In certain instances these cases can overwhelm court systems, preventing them from processing violent crimes.

One example of this was the crushing caseload created in North Dakota in the fall of 2016 during protests against the construction of the Dakota Access Pipeline. Between August and December, over 575 arrests were made at Standing Rock. Facing a shortage of lawyers, judges, and clerks to handle the workload, the state court system was forced to delay trials.49 How might we prevent this drain on resources and burden on both the system and the individual?

These scenes are all too common at protests. While some protesters get arrested on purpose, new activists’ arrests are more often caused by confusion or misinformation. Other times, law enforcement reacts with unwarranted force. Generally filed under the rubric “disorderly conduct,” arrests of protestors are largely avoidable. Even in peaceful protests, miscommunication, confusion, and lack of information can escalate interactions with law enforcement.

In order to avoid these arrests, activists—particularly those new to direct action—need to be well-informed both before and during the protest. In the months following the election and inauguration of Donald Trump, protests

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and demonstrations have become a more common sight in New York City. The American Civil Liberties Union (ACLU) sells a wallet-sized “Know Your Rights” guides for a number of contexts, including one specifically for demonstrations and protests. While the pocket-guide is useful, I wanted to create something even more immediate, something that you couldn’t lose and that couldn’t be confiscated.

My answer: Protest≠Arrest, a set of temporary tattoos to inspire and inform would-be protesters. The set includes declarative tattoos, meant to be applied visibly, as well as a tattoo with a list of reminders of your rights, what to say to police, and the number of the National Lawyers Guild in case of emergency. Designed in response to the protests at Standing Rock, the pack I designed is specifically made for new activists taking part in protests and demonstrations against the fossil fuel industry. Naturally, this concept extends beyond the climate protest context, and can easily be adapted to suit other social causes.

The temporary tattoo pack is proposed as a collaboration between Tattly (as part of its ‘Tattly does good’ initiative), the American Civil Liberties Union (ACLU), and 350.org. A portion of the proceeds would go to 350.org’s efforts to educate, raise awareness, and fight against the fossil fuel industry, while the packaging of the tattoo pack would have a second life, folded down to a wallet-sized guide to your rights from the ACLU.

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— I was inspired after hearing about the havoc that arrests at Standing Rock wreaked on the North Dakota court system. These arrests aren’t good for anyone.

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— Writing the number for legal aid on your arm is already a practice among protesters

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— I used the content from the ACLU’s pocket-size guide to your rights

— Tattly is a Brooklyn-based temporary tattoo studio founded by designer Tina Roth Eisenberg

— Initial design explorations

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— Final packaging design

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PROTEST≠ARREST know

I have a right to free speech.

I have the right to remain silent.

I should not resist police physically.

say

“ I am not disrupting anyone else’s activity. The First Amendment protects my actions.” “ I am going to remain silent.

I want to speak to a lawyer.”

“I do not consent to be searched.”

“Am I free to leave?”

call

National Lawyer’s Guild 212-679-6018

— The most important tattoo is the one that is for you, reminding you of your rights, how to interact with the police, and who to call if you are in trouble

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— The protest pack comes with a number of declarative tattoos meant to be worn visibly

— Different tattoos could be made for different causes. Here, in partnership with 350. org, the tattoos are around environmental activism

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— The packaging is kept minimal and has a second-life as a walletsize guide to your rights, like the one the ACLU already produces

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— The packaging folds down and has a second life as a pocket-sized guide to your rights

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IN SOLIDARITY

Product design

Tote the cause — Effective protest — Bring activism into your daily life — Design development — Tote the cause

Researchers at Stanford recently published a study showing that protests that are non-violent, while they receive less media attention, are more effective in influencing onlookers. If you can empathize with a protester, you are more likely to be receptive to her message. 50 Most of us don’t attend marches every day, though. In creating a three-dimensional product, I saw the opportunity to address the need of people who feel inspired to be civically engaged in this new political climate to integrate their action into their everyday lives. They may be taking action online by signing petitions or supporting different causes, but they seek a way to signal their support publicly.

I came up with a few guiding principles for my design: The product should have a low price point and be easy to use. It should be inclusive and demonstrative. It should be customizable, participatory, and feel relevant. In form, it should be flexible, simple, modern, and fashionable.

The product should act as a platform for a larger issue and serve to connect individuals to others.

My answer: A modified tote bag with a window with a pocket on one side that can hold a whiteboard, a printed sign, or an iPad. Subverting the existing typology of branded bags which turn their carriers into walking advertisements, these totes let their carriers use their totes as a platform to support the organizations, campaigns, and causes they believe in.

sage as frequently as they like to reflect the most urgent issues of the day. When printing is inconvenient, users can use the whiteboard to write a quick message of solidarity, or groups can post to social media with the hashtag #totethecause to let their supporters know what information they need help disseminating.

Groups could also post images, animated gifs, or slideshows for their followers to display on an iPad in the pocket. The bag is meant to be versatile—you could show your support for a different cause every day of the week and respond in real time to events in the news.

The goal of the tote bag is not necessarily to provoke viewers of the bag to action—it is more a way for the wearer to keep a touchpoint for their political and civic engagement close at hand. However, its possible that this sort of quiet activism might actually be more effective than all out protest. New research in in the psychology of effective protest has shown that people’s reactions to protests and demonstrations depends on their ability to feel empathy towards the protesters. The more aggressive, destructive, or offensive the rally, the more onlookers are turned off by their message—even those who are politically aligned.

Using a free template provided by In Solidarity, any group can create messages to send to their supporters. They can change the mes-

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— The In Solidarity website provides a platform for organizations to distribute messages for individuals to download

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— The bag comes with a whiteboard for moments when you need to share a message quickly or just want to create your own

— The tote bag is made of thick, undyed canvas with a Mylar pane

I took inspiration from the desgin of Baggu’s Duck Bag, as I imagined producing these in partnership with the New York-based company

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— The inspiration for this bag came from thinking about how individuals can give voice to a larger cause

As this concept developed, I began to favor educational messages over slogans

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DANCE /RALLY

Experience design

Dance is what democracy looks like — Combining protest & flashmob — Why dance?

— Win-win partnerships — Content development & promotion — Raise the Age NY — Dance/Rally — Keep dancing Justice by all

Dance/Rally is a project to bring dance to protests and demonstrations to energize the crowd, amplify the message, demonstrate solidarity, and engage the power of the arts for a cause. Drawing on the typologies of protest and flash mob, Dance/Rally combines the strength and purpose of direct action with the surprise, engagement, and delight of spontaneous dance performances. An expression of advocacy for the importance of civic action in protecting each other’s rights and liberties, this demonstrative performance itself embodies a new avenue for engagement in the political and judicial process.

A former modern dancer, the medium of dance came naturally to me as I thought about ways to create an engaging, empowering experience. Early on in the development of the concept, I created a hashtag— #danceiswhatdemocracylookslike—derived from popular protest chant “Show me what democracy looks like / This is what democracy looks like.” This sentiment soon felt like much more than a marketing stunt. Dance and democracy do have a lot in common: They both require coordination, cooperation, aspiration, participation, and demonstration. Dance brings people together, acts as a universal language, and reflects its cultural and political environment. It is also naturally invigorating: When you dance, your heart beat quickens, your body releases endorphins, and your participation is truly embodied.

using Dance/Rally as a way to support another group in their direct action. Partnering with others allows Dance/Rally to leverage the permit process that is already underway and gives the organizers additional press coverage and draws a larger crowd. Seeking partners, I reached out to the NYCLU, who were enthusiastic, but did not have any immediate events coming up. From there, I contacted a number of groups planning rallies, marches, and demonstrations in late March, and found a partner in the Columbia School of Social Work chapter of the Southern Poverty Law Center.

This group was planning a rally in support of the Raise the Age NY campaign, which called for New York to raise the age of criminal responsibility from sixteen to eighteen. New York is one of only two states in the country (the other being North Carolina) that prosecutes sixteen and seventeen year olds as adults, which means that these young people are sent to jail and prison with adults, putting them at significant risk of abuse and violence. Seventy-two percent of the nearly 28,000 16 and 17-year olds prosecuted each year are arrested for non-violent crimes. Over seventy percent of those arrested are adolescents of color.

Though originally planned as a standalone event, after meeting with dancer and flash mob choreographer Annette Rodriguez, I pivoted: I became much more excited about

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— Dance/Rally is a mashup of existing typologies: it combines the purpose of protests with the joy of dance flash mobs

In order to build awareness for the event, I created a social media presence through Facebook and Instagram. I posted branded content with information about the cause, the event, and how to get involved in the dance flash mob. I reached out to the dance community and found a lot of support for the idea.

Heather Watts, a former principal with the New York City Ballet, was instrumental in getting the word out and building momentum.

I recruited participants in person at a Raise the Age event at Central Synagogue and at dance classes throughout the city. I choreographed a dance to “We’re Not Gonna Take It” by Twisted Sisters. With the help of several classmates, I created and posted a tutorial video. Participants were instructed to learn the dance at home and then show up on March 25th at New York City Hall to perform. I created branded collateral to bring to the rally and ensured proper sound equipment would be available.

As I talked to people about the purpose of Dance/Rally, their universally positive reactions to the concept gave me confidence.

I created and posted a tutorial video. Participants were instructed to learn the dance at home and then show up on March 25th at New York City Hall to perform. I created branded collateral to bring to the rally and ensured proper sound equipment would be available.

As I talked to people about the purpose of Dance/Rally, their universally positive reactions to the concept gave me confidence.

On March 25, a group of protestors gathered in front of New York City Hall. Akeem Browder was there to talk about his brother Kalief, who had been arrested at sixteen, held on Rikers

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Island for three years pending trial only to have his case dismissed. Kept in solitary confinement for most of his imprisonment, he had not been able to adjust upon release and committed suicide just two years later. Darren Mack, a social justice advocate and a leader in the Close Rikers movement, spoke about the conditions young people are subjected to at the jail and cited statistics that speak to the disproportionate burden borne by young people of color for non-violent crimes.

At 1:55pm, “We’re Not Gonna Take It” came over the speakers and twenty dancers appeared. As we performed the simple, repetitive choreography, the crowd came alive and a few bystanders even joined in. We ended the dance with the rallying cry, “Raise the Age!” Darren Mack commented, “Wow, next time you should do that at the beginning of the rally—everyone is energized now!” The dancers, only a few of whom had previously known about the Raise the Age campaign, felt a sense of empowerment.

I see this first Dance/Rally as a successful proof of concept. I reached beyond my social circle and found willing partners and lots of interest from a variety of groups. With the help of collaborators, I am eager to organize more Dance/Rally events in support of other causes.

Dance/Rally is the literal embodiment of my thesis that justice demands participation. I believe that if this type of participation is to be sustained, it must be joyful. By designing another way in which to engage, I hope to empower a larger audience to take part in direct action and give them the tools to sustain their participation.

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— The hub of all activity for Dance/Rally was its Facebook page

— A moment of success for me was when a stranger contacted me to see if the rally had moved. It turned out it had—I was amazed that someone I didn’t know was not only following my page, but actively looking out for it

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RAISE THE AGE NY Raise the Age NY is a campaign to increase public awareness of the need to implement a comprehensive approach to raise the age of criminal responsibility in New York State and thereby better meet the rehabilitative needs of all children and youth.

The argument for raising the age is based on the idea that adolescents are developmentally still children, and that the adult criminal justice system is not designed for and has a much greater impact on youth.

Advocates insist that prosecuting adolescents as adults is bad for the individual, bad for the system, and bad for public safety.

Studies have found that young people prosecuted in the adult criminal justice system are 34% more likely to be re-arrested for violent or other crime than youth retained in the youth justice system. In 2013, the Illinois Juvenile Justice Commission found that when the state began prosecuting 17-year-olds as juveniles, juvenile crime continued to decline. Moreover, between 2010 when the law changed, until 2013, the state experienced a 14% decrease in violent crime. Contrary to what opponents had predicted, including 17-year-olds did not overload the juvenile justice system, nor did it increase juvenile offenses.51 Neurological research is cited as evidence that adolescents’ brains are not fully formed until the age of 25. The difference account for behavior—like impulsiveness, lack of focus—that points to a developmental stage rather than criminal tendency.

In addition, adolescents are much more receptive to change and rehabilitation, making interventions much more effective than with adults. This neural plasticity also means that youth are more vulnerable to abuse and emotional trauma.

Currently, there undue burden on youth from disadvantaged socioeconomic backgrounds and colored communities. Over seventy percent of 16 and 17 year olds arrested in New York are black or Latino. Of those sentenced to incarceration, 80% are black and Latino. In terms of the impact of the prosecution of adolescents, advocates for Raise the Age NY point to higher chances of suffering emotional, physical, and sexual assault in jail; likelihood of re-offense; as well as lower chances of finishing school or finding a job.

Opposition to the initiative comes from those who fear that raising the age will be perceived as a “soft on crime” move.

Rerouting 16 and 17 year olds into family court will increase the costs for the county, and allow criminals to receive lesser sentences.

The Raise the Age NY bill was passed by the New York Senate as part of the budget in early April of 2017. The agreement means that all misdemeanor charges faced by 16- and 17-year-olds will be dealt with in Family Court and plans to raise the age slowly, to 17 in October 2018 and to 18 a year later.52 However, juvenile justice advocates emphasize that this is a partial victory: there are still exceptions that allow youth as young as 13 to be tried as adults if prosecutors can prove “extraordinary circumstances.”

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— I created a lot of branded content for Dance/ Rally, including stickers, fliers, videos, Instagram images with statistics and more

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— Akeem Browder addresses the crowd

— Participants practice the choreography together on site

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— The Raise the Age legislation was passed in New York in April 2017

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“A morally and civically responsible individual recognizes himself or herself as a member of a larger social fabric and therefore considers social problems to be at least partly his or her own...”

— Thomas Ehrlich Civic Responsibility and Higher Education 2000

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Epilogue

Justice demands participation As I write this, a reality show on Fox called “You the Jury” has just aired its pilot episode, which tries real civil cases on television and asks viewers in the audience and at home to come up with a verdict.54 This frightens me. What might seem like a democratization of the trial process is a distortion of the system. “At-home jurors” don’t deliberate with others. A television production cannot claim to handle subjects impartially as they depend on ratings to stay on the air. Bright lights and dramatic music further sensationalize trials in the American imagination, promote a false understanding of due process, and degrade the integrity of the judicial system.

— “You the Jury” premiered on Fox in April 2017

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The public has a well-justified and undeniable interest in the legal and judicial system, and how we design civic engagement with it can have great consequences. We can design modes that perpetuate a culture of anonymous participation without accountability, or we can design systems and products that rely on collaboration and bring people together in person.

We can exploit constitutional processes like jury duty for ratings, or we can build partnerships between our institutions and our communities. We can use technology to distance ourselves from the reality of a trial, or we can use technology to increase procedural justice.

Epilogue

Though this is the end of the book, I feel as though I am only just beginning. Every day I encounter new articles and meet people who help me refine my understanding of the judicial system and our role as citizens in relation to it.

In particular, research and policy around jury duty are a more fascinating area than I ever imagined—and I have barely dipped my toe in the sea of information. Efforts to introduce new technology in courtrooms, the use of artificial intelligence in determining pretrial detention, and the use of interior design to change the experience of jury duty are all areas waiting to be explored in depth.

I began this book with a dedication to a man whose name I don’t know, but whose life I affected by voting against my conscience to indict him. The work presented in this thesis is not an attempt to absolve myself—quite the contrary. It is a whole-hearted embrace of my power as an individual and as a designer to contribute to justice in my community and in the world. I intend to take this work forward as I pursue opportunities to use design in service of civic innovation. I am excited to play a part in the evolving field of social impact design and design for government.

How you choose to participate matters. I hope I have been able to convince you that your participation is essential, and that only through advocating with justice created by all will we be able to reach justice for all.

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I did not set out to make my thesis a project that would continue past my graduation from the MFA Products of Design program, but I can’t imagine cutting it off now. As I look ahead, these are my hopes and ambitions for the consequences of this thesis work:

Court Guide

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There is an opportunity to create Court Guide first as an online resource before designing an app version. Getting feedback from the Center for Court Innovation and user testing at the courthouse would be next steps.

I produced a short run of the temporary tattoo Protest Pack. While collaboration with Tattly may not be possible, I am looking into other methods of distribution of these packs.

Civic Perks

In Solidarity

I hope to collaborate NY County Clerk and Commissioner of Jurors Milton Tingling to conduct several rounds of interviews with jurors waiting to be called in assembly rooms in Lower Manhattan. By means of both quantitative survey and qualitative interview, we are interested in learning what people experience as the biggest barriers to doing jury duty, what information they wish they had had before coming, their perception and expectation of jury duty, etc.

Next steps for developing the tote bag are to find partner organizations, create a digital template for the signs, and find an online platform through which to distribute them.

To further develop the business plan for Civic Perks, I would contact Lower Manhattan Business Improvement Districts and gauge their openness to a partnership to increase foot traffic in exchange for discounts for jurors.

Dance/Rally I hope to hold the next Dance/Rally in the summer of 2017. I want to iterate on the format, trying more participatory ways of incorporating dance into the protest scenario. For example, what would a call and response chant looks like as movement? Are there ways to crowd-choreograph a dance?

Is it more effective to teach a dance in person? How might I package the concept as a toolkit to allow broader access?

The minimum viable product for Civic Perks would be a texting service for those called for jury duty. This service would take care of finding out where the juror should report, and text him/her that information along with other helpful hints to prepare for jury duty.

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Acknowledgments

Gratitude This thesis represents the culmination of two years of study at the MFA Products of Design (PoD) program at the School of Visual Arts.

These two years have been transformative in every sense of the word. I am grateful and owe thanks to many people, but must mention a few in particular.

I want to acknowledge the mentorship of Michael Bierut. Anyone who knows Michael knows that his generosity, intelligence, and talent are unsurpassed, and I will be forever grateful that he took a chance on me. It is from him that I learned to love design both as an art and a practice. He spoiled me for every future employer. And, as fate would have it, he had given a talk at PoD the week before I sat down with him to talk about graduate school options…

I am indebted to Allan Chochinov for having the vision and tenacity to found a new program, embrace a truly holistic pedagogy, and push me out of my academic comfort zone. From Allan I learned invaluable practices and important reminders; I will always operate by the “no prototype, no meeting” rule he instated, and will try to remember that “if you’re not having fun, you’re doing it wrong.” When you talk to Allan, you never think about design the same way again.

I owe so much of what I’ve learned in graduate school to my talented and industrious classmates. I will look back fondly on the late nights in the Visible Futures Lab, meetings for our student-run Gallery, Sustainability, and Strategic Action committees, birthday surprises, and the never-ending parade of ideas they generated.

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I look forward to continuing our relationship as colleagues in an ever-dynamic field of work.

The faculty of the Products of Design department is as kind as it is star-studded, and I am so grateful for what they bring to the department.

I am excited to be able to transition from and instructor-student relationship to a collegial one. In particular, I want to thank Sinclair Scott Smith for his care and commitment to his students, Steven Dean for forcing me to dwell in the problem statement, and Emilie Baltz, for showing me that dancer and designer can go hand in hand.

This thesis would not have reached the same level of conviction if it hadn’t been for the collaboration with Manuel Toscano and Clare Watson at Zago, who shared their research on Manhattan Criminal Court, included me in workshops with the Center for Court Innovation, and welcomed my ideas and input.

I am most thankful for my family’s love and support. I am very fortunate to have been given every opportunity and been encouraged to pursue my interests at every turn by my mother Lyn and father Klaus. From introducing me to IDEO to connecting me with Lorraine Ferguson, who introduced me to Michael Bierut, they have seen my path in design even when I couldn’t. My sister Eva inspires me in every way, and is a designer in her own right. I’m excited for our sisterhood and friendship to take on another dimension as creative collaborators.

Last but not least, I acknowledge Ioannis Konstantinidis, my chosen family, my partner in life. Without his reliable silliness and steadfast support, I never would have made it through these two sleep-deprived years of personal and professional growth.

This book would not have been possible without the generous guidance and editorial brilliance of Lisa Light. Lisa is so much more than an editor; she is a thought partner. I thank her for helping me to articulate my point of view and pushing me to engage deeply with the ethical, philosophical, and practical implications of my work.

I stayed in New York for graduate school in part because I had an established social network, and although I have not been able to spend nearly the amount of time I would have liked with my friends here or anywhere, I am so grateful for their support and understanding.

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Thank you for talking to me Zarinah Agnew Robert Reynolds Tahnee Pantig Gabrielle Kellner Pam Lentz Anonymous x 2 Pat Mackey Catharine Savage Manuel Toscano Jennifer Rittner Elizabeth Galbut Joseph Carlsmith Kathy Hartman May Flam Mary Kae Eckert David Munguia Gomez Nimrod Grinvald Kristen Berman Ida Cuttler Lori Kenney Andrew Barrows Rocco Ricci Caitlin Fitzmaurice Karl Stewart Dave Mackey Hannah Furstenberg-Beckman Michela Lowry Peter Shenkin Ben Levine Andrew Schloss Kumar Rao Clare Watson Andrea Dineen Aliza Hoffman Kara Riopelle Michael Shalyt

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Ruth Tupe Willems Milton A. Tingling Emily Gold LaGratta Trey Sandusky Kirsten Tynan Hannah Williams Jesse Reed Aron Fay Tess McCann Laitsz Ho Christopher Regan Marko Manriquez David Johnson

Thank you for guiding my thesis

Thank you for coming to my workshop

Andrea Cameron Josh Corn Doug Fertig Will Lentz Arjun Kalyanpur Jenna Witzleben Karen Vellensky Oscar Pipson Michael Kenney Ailun Sai Xumeng Mou Dayoung Hong Gahee Kang Alexa Forney

Alexandra Brodsky Nick Commins Yume Kitasei Noah Rosenblum Julie Shapiro Delna Weil Thank you for dancing with me Nina Stoller-Lindsey Smruti Adya Bernice Wong Sarah Kenney Ray Keller Manako Tamura Alexia Cohen Chris Rand Stephany Lin Becky Fradkin

Acknowledgments

Allan Chochinov Andrew Schloss Emilie Baltz Steven Dean Kyla Fullenwider Brent Arnold Janna Gilbert Sinclair Scott Smith Abby Covert Thank you to my classmates

Thank you to PoD Alisha Wessler Marko Manriquez Krithi Rao Nadia DeLane Class of 2016 Class of 2018

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References

Endnotes 1.

2.

3.

Westheimer J and Kahne J. 2004. “What kind of citizen? The politics of educating for democracy.”

American Educational Research Journal 41: 237–269.

“Justice, Western Theories Of | Internet Encyclopedia Of Philosophy”. 2017. Iep.Utm.Edu. Accessed March 8 2017. http://www.iep.utm. edu/justwest/.

“Defining Economic Justice And Social Justice”. 2017. Center For Economic And Social Justice. Accessed March 8 2017. http://www.cesj.org/learn/definitions/ defining-economic-justice-and-social-justice/.

4.

“Definition Of JUDICIAL”. 2017. Merriam-Webster.

Com. Accessed March 8 2017. https://www. merriam-webster.com/dictionary/judicial.

5.

“Truman’s Attempt To Seize The Steel Industry - Robert Higgs”. 2017. The Independent Institute.

Accessed April 21 2017. http://www.independent. org/publications/article.asp?id=1394.

6.

Nicholas Kulish, Caitlin Dickerson and Charlie Savage. 2017. “Court Temporarily Blocks Trump’S Travel Ban, And Airlines Are Told To Allow Passengers”. Nytimes.Com. Accessed March 9 2017. https://www.nytimes. com/2017/02/03/us/visa-ban-legal-challenge. html.

7.

Liptak, Adam. 2017. “Court Refuses To Reinstate Travel Ban, Dealing Trump Another Legal Loss”.

Nytimes.Com. Accessed March 9 2017. https:// www.nytimes.com/2017/02/09/us/politics/ appeals-court-trump-travel-ban.html.

8.

“Definition Of CIVIC”. 2017. Merriam-Webster.

Com. Accessed March 8 2017. https://www. merriam-webster.com/dictionary/civic.

9.

“Definition Of ENGAGEMENT”. 2017.

Merriam-Webster.Com. Accessed March 9 2017. https://www.merriam-webster.com/dictionary/ engagement.

10.

“The Definition Of Civic Engagement - New York Times”. 2017. Nytimes.Com. Accessed March

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8 2017. http://www.nytimes.com/ref/college/ collegespecial2/coll_aascu_defi.html.

11.

12.

13.

“Community Engagement Vs Civic Engagement Vs Public Involvement?”. 2014. Bang The Table. Accessed March 8 2017. http://www. bangthetable.com/community-engagement-vscivic-engagement-vs-public-involvement/.

“Definition Of DISRUPTION”. 2017. MerriamWebster.Com. Accessed March 10 2017. https://www.merriam-webster.com/dictionary/ disruption.

“Definition Of PARTICIPATING”. 2017.

Merriam-Webster.Com. Accessed March 8 2017. https://www.merriam-webster.com/dictionary/ participating.

21.

“The Case For Procedural Justice: Fairness As A Crime Prevention Tool”. 2017. Cops.Usdoj.Gov. Accessed April 27 2017. https://cops.usdoj.gov/ html/dispatch/09-2013/fairness_as_a_crime_ prevention_tool.asp.

22.

“Citizen Court Monitoring - The Fund For Modern Courts”. 2017. The Fund For Modern Courts. Accessed April 6 2017. http://moderncourts.org/citizen-court-monitoring/.

23. Lee, Eric & Jimena Martinez. 2017. “How it works: A Summary of Case Flow and Interventions at the 24. Midtown Community Court.” Courtinnovation.

Org. http://www.courtinnovation.org/sites/ default/files/How%20it%20works.pdf.

14.

“Definition Of PARTICIPATION”. 2017.

Merriam-Webster.Com. Accessed March 8 2017. https://www.merriam-webster.com/dictionary/ participation.

25. “Who We Are | Center For Court Innovation”.

2017. Courtinnovation.Org. Accessed April 6 2017. http://www.courtinnovation.org/ who-we-are.

15.

Prison Initiative. 2017. “Breaking Down Mass Incarceration In The 2010 Census | Prison Policy Initiative”. Prisonpolicy.Org. Accessed April 21 2017. https://www.prisonpolicy.org/reports/rates. html.

26. “Supreme Court Takes On Racial Discrimination In Jury Selection”. 2015. NPR. Org. Accessed April 17 2017. http://www.npr. org/2015/11/02/452898470/supreme-courttakes-on-racial-discrimination-in-jury-selection.

16.

“The Renewal Of Civic Leadership”. 2016. The Huffington Post. Accessed March 28 2017. http:// www.huffingtonpost.com/john-m-eger/therenewal-of-civic-lead_b_12930044.html.

17.

Burnley, Malcolm. 2015. “Still Bowling Alone”.

Philadelphia Magazine. Accessed April 16 2017. http://www.phillymag.com/citified/2015/06/15/ social-capital-bowling-alone/.

27. “Lack Of Jury Diversity: A National Problem With Individual Consequences | Section Of Litigation | Section Of Litigation / Diversity”.

2017. Americanbar.Org. Accessed April 17 2017. http://www.americanbar.org/groups/litigation/ committees/diversity-inclusion/news_analysis/ articles_2015/lack-of-jury-diversity-nationalproblem-individual-consequences.html.

18.

“WJP Rule Of Law Index® 2016”. 2017. Data.

Worldjusticeproject.Org. Accessed April 2 2017. http://data.worldjusticeproject.org/#/groups/ USA.

19.

Warren, Roger K. “Public Trust and Procedural Justice.” Court Review Fall (2000): 12-16.

20. Tyler, Tom. Why People Obey the Law. (New Haven, CT: Yale University Press, 1990).

References

28. “What Is Jury Nullification? | Flex Your Rights”.

2017. Flex Your Rights. Accessed April 10 2017. https://www.flexyourrights.org/faqs/ jury-nullification/.

29. Daimond, Shari. “What Jurors Think.”2017. Law. Northwestern.Edu. Accessed April 27 2017. https://www.law.northwestern.edu/faculty/ fulltime/diamond/papers/WhatJurorsThinkExpectationsReactionsCitizens.pdf.

151

30. Conrad, Clay. 2003. “A Guide To Surviving As A Juror”. Www.Counterpunch.Org. Accessed April 10 2017. http://www.counterpunch. org/2003/02/05/a-guide-to-surviving-as-ajuror/.

31.

Juror Stress: The Hidden Influence Of The Jury Experience”. 2009. The Jury Expert. Accessed February 22 2017. http://www.thejuryexpert. com/2009/05/juror-stress-the-hiddeninfluence-of-the-jury-experience/.

32. Ferguson, Andrew. 2015. “The Tsarnaev Trial Ends—But For The Jurors, The Trauma May Endure”. The Atlantic.

Accessed April 17 2017. https://www. theatlantic.com/politics/archive/2015/05/ the-trauma-of-jury-duty/393479/.

33. Goode, Erica. 2014. “Stronger Hand For Judges After Rulings On Plea Deals”. Nytimes.Com. Accessed March 19 2017. http://www.nytimes. com/2012/03/23/us/stronger-hand-for-judgesafter-rulings-on-plea-deals.html.

34. Ferguson, Andrew. 2013. “Harsh Sentences Are Killing The Jury Trial”. The Atlantic. Accessed April 8 2017. https://www.theatlantic.com/ national/archive/2013/12/harsh-sentences-arekilling-the-jury-trial/282121/.

35. Goode, Erica. 2014. “Stronger Hand For Judges After Rulings On Plea Deals”. Nytimes.Com. Accessed March 19 2017. http://www.nytimes. com/2012/03/23/us/stronger-hand-for-judgesafter-rulings-on-plea-deals.html.

36. Weiser, Benjamin. 2016. “Trial By Jury, A Hallowed American Right, Is Vanishing”. Nytimes.

Com. Accessed April 10 2017. https://www. nytimes.com/2016/08/08/nyregion/jury-trialsvanish-and-justice-is-served-behind-closeddoors.html?_r=0.

37. “NAACP | Criminal Justice Fact Sheet”. 2017.

NAACP. Accessed March 19 2017. http://www. naacp.org/criminal-justice-fact-sheet/.

152

38. “Stop-And-Frisk Data”. 2012. New York Civil Liberties Union. Accessed April 6 2017. https:// www.nyclu.org/en/stop-and-frisk-data.

39. Gottshalk, Marie. Caught: The Prison State and the Lockdown of American Politics.

40. Duhigg, Charles. 2016. “What Google Learned From Its Quest To Build The Perfect Team”.

Nytimes.Com. Accessed April 27 2017. https:// www.nytimes.com/2016/02/28/magazine/ what-google-learned-from-its-quest-to-buildthe-perfect-team.html?_r=0.

41.

42.

“Eric Liu: Does My Vote Really Matter?”. 2016.

NPR.Org. Accessed April 19 2017. http:// www.npr.org/templates/transcript/transcript. php?storyId=500121894.

Chakrabortty, Aditya. 2010. “The Problem With Transparent Government | Aditya Chakrabortty”.

The Guardian. Accessed April 19 2017. https:// www.theguardian.com/commentisfree/2010/ jun/08/problem-transparent-government.

43. Frazer, M.S. 2005. Op Data, 2004: Red Hook, Brooklyn. New York, NY: Center for Court 44. Mark-Viverito, Melissa. Pretrial detainee report of the City of New York Independent Budget Office. 2011. http://www.ibo.nyc.ny.us/iboreports/ pretrialdetainneltrsept2011.pdf.

45.

Ferguson, Andrew. 2015. “The Bill Of Rights That Could Solve Jury Apathy”. The Atlantic. https:// www.theatlantic.com/politics/archive/2015/09/ the-juror-bill-of-rights/404833/.

(Forthcoming). Available at SSRN: https://ssrn. com/abstract=2652216 48. Ferguson, Andrew Guthrie, The Jury As Constitutional Identity (February 21, 2013). 47 U.C. Davis Law Review 1105 (2014). Available at SSRN: https://ssrn.com/abstract=2222158 or http://dx.doi.org/10.2139/ssrn.2222158 49. “North Dakota Courts Strained By Pipeline Protest Arrests”. 2017. Cbsnews.Com. Accessed April 8 2017. http://www.cbsnews.com/news/ dakota-access-pipeline-standing-rock-protestarrests-north-dakota-courts/.

50. Khazan, Olga. 2017. “What Makes A Protest Effective”. The Atlantic. Accessed April 19 2017. https://www. theatlantic.com/science/archive/2017/02/ the-psychology-of-effective-protest/517749/.

51.

“Get The Facts » Raise The Age”. 2017.

Raisetheageny.Com. Accessed April 9 2017. http://raisetheageny.com/get-the-facts.

52. “NY Budget Deal: Free Tuition, Upstate Uber, Raise The Age”. 2017. NY Daily News. Accessed April 19 2017. http://www.nydailynews.com/ newswires/new-york/ny-budget-deal-freetuition-upstate-uber-raise-age-article-1.3033379.

53. “The Fine Print In New York’S Raise The Age Law”. 2017. The Marshall Project. Accessed April 17 2017. https://www.themarshallproject. org/2017/04/14/the-fine-print-in-new-york-sraise-the-age-law#.62Ffy7rNJ.

46. “Juror Stress: The Hidden Influence Of The Jury Experience”. 2009. The Jury Expert. Accessed February 22 2017. http://www.thejuryexpert. com/2009/05/juror-stress-the-hiddeninfluence-of-the-jury-experience/.

54. McKinley, Jesse. 2017. “New York Assembly Clears A Major Obstacle In Budget Talks”.

Nytimes.Com. Accessed April 19 2017. https:// www.nytimes.com/2017/04/04/nyregion/ albany-ny-senate-house-budget-cuomo.html.

47. Bennett, Mark W., Reinvigorating and Enhancing Jury Trials Through an Overdue Juror Bill of Rights: WWJW — What Would Jurors Want? — A Federal Trial Judge’s View (August 27, 2015).

Arizona State Law Journal, Vol. 38, Fall 2016

55. “’You The Jury’: TV Review”. 2017. The Hollywood Reporter. Accessed April 9 2017. http://www.hollywoodreporter.com/review/ you-jury-review-992034.

References

Julia Lindpaintner

Justice by all

References

153

References

Bibliography Books

Articles

Ariely, Dan. 2008. Predictably Irrational. 1st ed.

New York, NY: Harper.

“23 Activists Arrested Protesting Spectra Pipeline In West Roxbury, MA”. 2016. Democracy Now!. Accessed December 13 2016. https:// www.democracynow.org/2016/6/30/headlines/23_activists_arrested_protesting_spectra_pipeline_in_west_roxbury_ma.

“Jury Duty: Who Gets Called, And Who Actually Serves”. 2015. NPR.Org. Accessed December 15 2016. http://www.npr. org/2015/06/07/412633577/jury-duty-whogets-called-and-who-actually-serves.

“A Plea For Change”. 2014. The Economist.

Accessed November 18 2016. http://www. economist.com/news/leaders/21621784american-prosecutors-have-too-much-power-hand-some-it-judges-plea-change.

“North Dakota Courts Strained By Pipeline Protest Arrests”. 2016. Cbsnews.Com. Accessed December 13 2016. http://www.cbsnews.com/ news/dakota-access-pipeline-standing-rockprotest-arrests-north-dakota-courts/

“Designers’ Evolving Roles In Government (SSIR)”. 2017. Ssir.Org. Accessed March 29 2017. https://ssir.org/articles/entry/designers_evolving_roles_in_government.

“Plea Bargains: In Depth - Findlaw”. 2016.

Findlaw. Accessed December 15 2016. http:// criminal.findlaw.com/criminal-procedure/pleabargains-in-depth.html.

“Reasonable Doubt”. 2016. Radiolab. Accessed December 15 2016. http://www.radiolab.org/ story/278180-reasonable-doubt/.

Thackara, John. 2015. How To Thrive In The Next Economy. London: Thames & Hudson.

“Dozens Arrested As Thousands Take Dakota Pipeline Protest National”. 2016. NBC News.

Accessed December 13 2016. http://www.nbcnews.com/storyline/dakota-pipeline-protests/ scores-arrested-dakota-access-pipelineprotests-nationwide-n684531.

Thaler, Richard H and Cass R Sunstein. 2008.

Improving Decisions About Health, Wealth And Happiness. New Haven: Yale University Press.

“Forget About Blame?”. 2016. Radiolab. Accessed December 15 2016. http://www.radiolab.org/story/317628-forget-about-blame/.

Ton, Zeynep. The Good Jobs Strategy: How the Smartest Companies Invest in Employees to Lower Costs and Boost Profits. Boston: New Harvest, Houghton Mifflin Harcourt, 2014.

“How To Gear Up For A Protest”. 2015.

Hopes&Fears. Accessed December 15 2016. http://www.hopesandfears.com/hopes/city/ how-to-gear-up/216551-what-to-wear-protest.

Wallis, Pete. 2014. Understanding Restorative Justice. Bristol: Policy Press.

“How Public Defenders Struggle With Ethical Blindness | Sixth Amendment Center”. 2015.

Sixthamendment.Org. Accessed December 15

Ariely, Dan. 2012. The (Honest) Truth About Dishonesty. New York: Harper.

Ariely, Dan. 2010. The Upside Of Irrationality.

New York: Harper.

Cialdini, Robert B. 2007. Influence. New York: Collins.

Kahneman, Daniel. 2011. Thinking, Fast And Slow. New York: Farrar, Straus and Giroux.

Lind, E. Allan and Tom R Tyler. The Social Psychology Of Procedural Justice.

Shapland, Joanna, Gwen Robinson, and Angela Sorsby. 2011. Restorative Justice In Practice. New York, NY: Routledge.

154

2016. http://sixthamendment.org/how-publicdefenders-struggle-with-ethical-blindness/.

References

“Social Movements And Climate Change”.

2013. Harvard University Center For The Environment. Accessed December 15 2016. http:// environment.harvard.edu/news/huce-headlines/social-movements-and-climate-change.

“When The Money Runs Out For Public Defense, What Happens Next?”. 2016. The Marshall Project. Accessed December 15 2016. https://www.themarshallproject. org/2016/09/07/when-the-money-runs-outfor-public-defense-what-happens-next#. vzdovvHJj. Allen, Peter. “Toward A New HR Philosophy”.

Julia Lindpaintner

2016. Mckinsey & Company. Accessed December 15 2016. http://www.mckinsey.com/ business-functions/organization/our-insights/ toward-a-new-hr-philosophy.

http://www.nytimes.com/2011/12/21/opinion/ jurors-can-say-no.html.

Amsler, Lisa Blomgren. 2009. “Designing Justice: Legal Institutions And Other Systems For Managing Conflict”. Papers.Ssrn.Com. Accessed December 15 2016. https://papers.ssrn. com/sol3/papers.cfm?abstract_id=1294063.

Camberis, Susan. “Organizational Design: How HR Professionals Can Become Effective Sustainability Leaders”. 2016. Csrwire.Com. Accessed December 15 2016. http://www. csrwire.com/blog/posts/1244-organizationaldesign-how-hr-professionals-can-becomeeffective-sustainability-leaders.

Appelbaum, Yoni. 2016. “What If America Approached Crime Like Treating A Disease?”. The Atlantic. Accessed December 15 2016. http://www.theatlantic.com/politics/ archive/2016/06/evidence-based-criminaljustice-reform/488984/.

Carroll, David. 2015. “How Public Defenders Struggle With Ethical Blindness | Sixth Amendment Center”. Posted February 2 2015.

Sixthamendment.Org. Accessed December 4 2016. http://sixthamendment.org/how-publicdefenders-struggle-with-ethical-blindness/.

Bergman, Paul. 2016. “How Plea Bargains Get Made | Nolo.Com”. Nolo.Com. Accessed December 15 2016. http://www.nolo.com/ legal-encyclopedia/how-plea-bargains-getmade.html.

Casey, Michael. 2016. “Does Facebook’s News Feed Control Your World View?”. Cbsnews.

Com. Accessed December 15 2016. http:// www.cbsnews.com/news/facebooks-newsfeed-limits-your-world-view/.

Berman, Sara. 2016. “Why Judges And Prosecutors Engage In Plea Bargaining | Nolo.

Com”. Nolo.Com. Accessed November 18 2016. http://www.nolo.com/legal-encyclopedia/why-judges-prosecutors-engage-pleabargaining.html.

Chalabi, Mona. 2015. “What Are The Chances Of Serving On A Jury?”. Fivethirtyeight.

Accessed December 15 2016. http://fivethirtyeight.com/features/what-are-the-chancesof-serving-on-a-jury/.

Burke, Alafair. 2007. “Prosecutorial Passion, Cognitive Bias, and Plea Bargaining,” 91 Marquette Law Review 183. Accessed December 1 2016. http://scholarship.law.marquette.edu/cgi/ viewcontent.cgi?article=1132&context=mulr.

Butler, Paul. 2014. “Jurors Can Say No”.

Nytimes.Com. Accessed December 10 2016.

Justice by all

Chander, Anupam. 2016. “The Racist Algorithm?”. Papers.Ssrn.Com. Accessed December 15 2016. https://papers.ssrn.com/sol3/ papers.cfm?abstract_id=2795203.

Clarke, Matt. “ Dramatic Increase In Percentage Of Criminal Cases Being Plea Bargained “. 2016. Prisonlegalnews.Org. Accessed December 15 2016. https://www.prisonlegalnews.

References

org/news/2013/jan/15/dramatic-increase-inpercentage-of-criminal-cases-being-pleabargained/.

Coburn, Jesse. 2016. “Maryland Public Defenders Juggle Heavy Caseloads; Critics Say Indigent Clients Suffer”. Baltimoresun.Com. Accessed December 15 2016. http://www. baltimoresun.com/news/maryland/investigations/bs-md-public-defender-caseloads20160819-story.html.

Constantino, Bobby. 2013. “I Got Myself Arrested So I Could Look Inside The Justice System”. The Atlantic. Accessed December 15 2016. http://www.theatlantic.com/ national/archive/2013/12/i-got-myselfarrested-so-i-could-look-inside-the-justicesystem/282360/.

Devers, Lindsay. 2011. “Plea and Charge Bargaining: Research Summary.” Accessed November 30 2016. https://www.bja.gov/Publications/PleaBargainingResearchSummary. pdf.

Dietvorst, Berkeley J.“ 2016. “Algorithm Aversion”. 2016. Repository.Upenn.Edu. Accessed December 15 2016. http://repository.upenn. edu/dissertations/AAI10124529/.

Durkin, Alanna and Curt Anderson. 2016. “Trial Or Deal? Some Driven To Plead Guilty, Later Exonerated”. AP News. Accessed December 15 2016. https://apnews.com/24cfa961d3444 be49901496fdcaa3fda/Trial-or-deal?-Somedriven-to-plead-guilty,-later-exonerated.

Eagleman, David. 2016. “The Brain On Trial”.

155

The Atlantic. Accessed December 15 2016. http://www.theatlantic.com/magazine/archive/2011/07/the-brain-on-trial/308520/.

New Yorker. Accessed December 15 2016. http://www.newyorker.com/news/news-desk/ central-booking.

2016. http://www.popularmechanics.com/ technology/apps/news/a15430/facebookpolitical-effect/.

Eng, Karen, TED Staff, and Kate May. 2014.

“Green Is The New Red: Will Potter On The Problem Of Treating Environmentalists Like Terrorists”. TED Blog. Accessed December 15 2016. http://blog.ted.com/will-potter-on-oftreating-environmentalists-like-terrorists/.

Goldenberg, Suzanne. 2016. “Biggest US Climate Rally Ever Pushes Obama To Reject Keystone Pipeline”. Mother Jones. Accessed December 15 2016. http://www.motherjones. com/environment/2013/02/keystone-pipeline-protest-rally-climate-change-washington%20.

Kane, John L. 2016. “What To Do About The Innocent Who Plead Guilty“. The Marshall Project. Accessed December 15 2016. https:// www.themarshallproject.org/2014/12/26/pleabargaining-and-the-innocent#.mdgc1FLqv.

Farivar, Cyrus. 2016. “Lawyers: New Court Software Is So Awful It’S Getting People Wrongly Arrested”. Ars Technica. Accessed December 15 2016. http://arstechnica.com/tech-policy/2016/12/court-software-glitches-result-inerroneous-arrests-defense-lawyers-say/.

Fellner, Jamie. 2013. “Plea Bargains – The Unfair Difference Between 10 Years And Life”.

Human Rights Watch. Accessed December 15 2016. https://www.hrw.org/news/2013/12/04/ plea-bargains-unfair-difference-between10-years-and-life.

Ferreira, Octavio Rodriguez. 2016. “Civic Engagement and Judicial Reform: The Role of Civil Society in Reforming Criminal Justice in Mexico”. Wilsoncenter.Org. Accessed December 15 2016. https://www.wilsoncenter.org/ sites/default/files/rodriguez_judicial_reform. pdf.

Geraghty, Sarah and Melanie Velez. 2011.

“Bringing Transparency and Accountability to Criminal Justice Institutions in the South”.

Stanford Law and Policy Review (455).

Gessen, Keith. 2011. “Central Booking”. The

156

Goldfarb, Zachary. 2016. “The Single Chart That Shows That Federal Grand Juries Indict 99.99 Percent Of The Time”. Washington Post. Accessed December 15 2016. https:// www.washingtonpost.com/news/wonk/ wp/2014/11/24/the-single-chart-that-showsthat-grand-juries-indict-99-99-percent-of-thetime/?utm_term=.fb586a95245c.

Gonnerman, Jennifer. 2014. “Three Years On Rikers Without Trial”. The New Yorker.

Accessed December 15 2016. http://www. newyorker.com/magazine/2014/10/06/ before-the-law.

Hawkins, Derek. 2016. “Pipeline 150 Miles From Dakota Access Protests Leaks 176,000 Gallons Of Oil”. Washington Post. Accessed December 13 2016. https://www.washingtonpost.com/news/morning-mix/wp/2016/12/13/ pipeline-150-miles-from-dakota-accessprotests-leaks-176000-gallons-of-oil/?utm_ term=.bdff6603472a.

Herkewitz, William. 2015. “Facebook: You’re The Reason Your Feed Is An Echo Chamber”.

Popular Mechanics. Accessed December 15

References

Kay, Judith. 2004. “Delivering Justice Today: A Problem-Solving Approach”. Digitalcommons.

Law.Yale.Edu. Accessed December 15 2016. http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1469&context=ylpr.

Lagratta, Emily Gold. 2016. “Procedural Justice: Practical Tips for Courts”. Courtinnovation.

Org. Accessed December 15 2016. http://www. courtinnovation.org/sites/default/files/ LaGratta, Emily Gold and Elise Jensen. “Measuring Perceptions ofFairness: An Evaluation Toolkit”.

Laughland, Oliver. “When The Money Runs Out For Public Defense, What Happens Next?”. 2016. The Marshall Project. Accessed December 1 2016. https://www.themarshallproject.org/2016/09/07/when-the-moneyruns-out-for-public-defense-what-happensnext#.3Jq5wQcKA. Lee, Eric and Martina Jimenez. 1998. “How it Works: A Summary of Case Flow and Interventions at Midtown Community Court”. Center for Court Innovation.

Mace, Matt. “Elon Musk: ‘We Need A Revolt

Julia Lindpaintner

Against The Fossil Fuel Industry’”. 2016. The Guardian. Accessed December 13 2016. https://www.theguardian.com/environment/2016/may/05/elon-musk-we-need-arevolt-against-the-fossil-fuel-industry.

Marek, Kiersten and Kiersten Marek. 2015.

“Criminal Justice Reform Is Gaining Steam.

What Role Has Philanthropy Played?”.

Inside Philanthropy. Accessed December 15 2016. http://www.insidephilanthropy.com/ home/2015/11/23/criminal-justice-reform-isgaining-steam-what-role-has-phila.html.

McCray, Rebecca. 2016. “Courtrooms Are Inaccessible By Design”. Salon. Accessed December 15 2016. http://www.salon. com/2013/04/07/courtrooms_are_inaccessible_by_design_partner/.

McKibben, Bill. “How to Stop the Fossil Fuel Industry from Wrecking Our World”. 2016.

Energypost.Eu. Accessed December 13 2016. http://energypost.eu/stop-fossil-fuel-industrywrecking-world/.

Mulcahy, Linda. “Architects Of Justice: The Politics Of Courtroom Design”. 2016. Social & Legal Studies. http://journals.sagepub.com/ doi/abs/10.1177/0964663907079765.

Rakoff, Jed. 2014. “Why Innocent People Plead Guilty”. The New York Review Of Books.

Accessed December 15 2016. http://www.nybooks.com/articles/2014/11/20/why-innocentpeople-plead-guilty/.

Robinson, Kimyetta. Et al. 2005. “From Arrest to Appeal: A Guide to Criminal Cases in The

Justice by all

New York State Courts”. Moderncourts.org.

Retrieved 10 December 2016, from http://moderncourts.org/files/2013/10/criminal_court_ guide.pdf Rubin, Robert. 2016. “The Smart Way To Help Ex-Convicts, And Society”. Nytimes.Com. Accessed December 15 2016. http://www. nytimes.com/2016/06/03/opinion/how-tomake-mass-incarceration-end-for-good.html.

Sah, Sunita et al. 2016. “Blinding Prosecutors To Defendants’ Race: A Policy Proposal To Reduce Unconscious Bias In The Criminal Justice System”. Behavioral Science & Policy Association. Accessed December 15 2016. https://behavioralpolicy.org/article/blindingprosecutors-to-defendants-race-a-policyproposal-to-reduce-unconscious-bias-in-thecriminal-justice-system/.

Saulny, Susan. 2003. “Jury Duty? Prepare For Rejection; Though Many Are Called, Few Ever Deliberate”. Nytimes.Com. Accessed December 15 2016. http://www.nytimes. com/2003/09/08/nyregion/jury-duty-prepare-for-rejection-though-many-are-calledfew-ever-deliberate.html.

Schueller, Randy. “How Temporary Tattoo Is Made - Material, Manufacture, Used, Processing, Components, Industry, Raw Materials”.

2016. Madehow.Com. Accessed December 15 2016. http://www.madehow.com/Volume-4/ Temporary-Tattoo.html.

Speri, Alice and Alice Speri. 2016. “Open Data Projects Are Fueling The Fight Against Police Misconduct”. The Intercept. Accessed

References

December 15 2016. https://theintercept. com/2016/10/25/open-data-projects-arefueling-the-fight-against-police-misconduct/.

Staff, TCR, Crime News, Crime News, Crime News, and Crime News. 2014. “How Plea Bargains Are Making Jury Trials Obsolete”. The Crime Report. Accessed December 15 2016. http://thecrimereport.org/2014/01/07/201401-how-plea-bargains-are-making-jury-trialsobsolete/.

Sunstein, Tali. 2016. “Why Facts Don’t Unify Us”. Nytimes.Com. Accessed December 15 2016. http://www.nytimes.com/2016/09/04/ opinion/sunday/why-facts-dont-unify-us. html?smprod=nytcore-iphone&smid=nytcoreiphone-share&_r=3.

Tabachnick, Cara. 2014. “Justice Through Forgiveness”. Scientific American Mind 25 (5): 16-16. Springer Nature. doi:10.1038/scientificamericanmind0914-16b.

Titlow, John Paul. “How Technology Is Helping (And Hindering) Criminal Justice Reform”.

2016. Fast Company. Accessed December 15 2016. https://www.fastcompany. com/3065343/the-fast-company-innovationfestival/how-technology-is-helping-andhindering-criminal-justic.

Tyler, Thomas. “Why People Obey the Law”.

1990. Chapters 1-4. Psych.Nyu.Edu. Accessed December 15 2016. http://www.psych.nyu.edu/ tyler/lab/Chapters_1-4.pdf.

Werbach, Adam. “Flint: Why We Still Need Grassroots Environmental Activism”. 2016.

157

Medium. Accessed December 13 2016. https:// medium.com/@adamwerbach/flint-why-westill-need-grassroots-environmental-activismdfb6542ad837#.8z49j0s0b.

Wolf, Robert.2016. “The Public Wants To Be Involved: A Roundtable Conversation About Community and Restorative Justice”. Courtinnovation.Org. Accessed December 10 2016. http://www.courtinnovation.org/sites/default/ files/documents/Community%20Justice%20 Roundtable%20report_final%202.pdf.

Videos Ariely, Dan. 2016. “Our Buggy Moral Code”. Ted. Com. Accessed December 15 2016. https:// www.ted.com/talks/dan_ariely_on_our_buggy_ moral_code?language=en.

Ariely, Dan. 2016. “What Makes Us Feel Good About Our Work?”. Ted.Com. Accessed December 15 2016. https://www.ted.com/talks/ dan_ariely_what_makes_us_feel_good_about_ our_work?language=en.

Ariely, Dan. 2016. “Predictably Irrational - Basic Human Motivations”. Youtube. Accessed December 15 2016. https://www.youtube.com/ watch?v=wfcro5iM5vw.

Ariely, Dan. 2016. “Beware Conflicts Of Interest”.

Ted.Com. Accessed December 15 2016. https:// www.ted.com/talks/dan_ariely_beware_conflicts_of_interest?language=en.

Gebbia, Joe. 2016. “How Airbnb Designs For Trust”. Ted.Com. Accessed December 15 2016. https://www.ted.com/talks/joe_gebbia_how_

158

airbnb_designs_for_trust.

Harris, Tristan. “Distracted? Let’s Make Technology That Helps Us Spend Our Time Well”. 2016.

Youtube. Accessed December 15 2016. https:// www.youtube.com/watch?v=jT5rRh9AZf4&fea ture=youtu.be.

Hulme, Tom. 2016. “What Can We Learn From Shortcuts?”. Ted.Com. Accessed December 15 2016. https://www.ted.com/talks/tom_hulme_ what_can_we_learn_from_shortcuts.

Jeremijenko, Natalie. 2016. “Radical Design For Environmental Health”. Youtube. Accessed November 30 2016. https://www.youtube.com/ watch?v=QOTZVLQIkDE. Sandel, Michael. 2016. “Justice with Michael Sandel. Youtube. Accessed December 15 2016. https://www.youtube.com/watch?v=kBdfcR8hEY&list=PL30C13C91CFFEFEA6.

Soneji, Mileha. 2016. “Simple Hacks For Life With Parkinson’s”. Ted.Com. Accessed December 15 2016. https://www.ted.com/talks/mileha_soneji_ simple_hacks_for_life_with_parkinson_s.

Ton, Zeynep. 2013. “The Good Jobs Strategy”.

Youtube. Accessed December 15 2016. https:// www.youtube.com/watch?v=sD67LKqXGrg. Artwork / Photographs Chasteen, Benjamin. 2016. “A protester is arrested by the police after refusing to go back to the side walk in New York City.” Epoch Times.

“Manhattan Criminal Court”. 2015. New York

References

Post. Accessed December 3 2016. https:// thenypost.files.wordpress.com/2015/08/court. jpg Keith, Stephanie. Digital image. 2016. “16 Arrested At North Dakota Pipeline Protest”.

Nytimes.Com. Accessed December 13 2016. http://www.nytimes.com/2016/11/21/us/ dakota-access-pipeline-protesters-police. html?_r=0.

McDermid, Brendan. 2016. “New York City Police officers (NYPD) clash with demonstrators during a protest against U.S. Republican presidential candidate Donald Trump in midtown Manhattan in New York.” Reuters.

Munoz, Eduardo. (2015.) “A protester is detained by New York Police Department officers during a march for Eric Garner’s anniversary”.

Reuters.

“Velociraptor skull” by Dactrtr from the Noun Project “Wind power” by Jacqueline Fernandes from the Noun Project Miscellaneous NY Summons Redesign. 2016. Ideas42.Org. Accessed December 15 2016. http://www. ideas42.org/wp-content/uploads/2015/08/ NYC-Summons-Redesign-Side-bySide-8_10_15.pdf.

The U.S. Courts Design Guide. 2016. Gsa. Gov. Accessed December 15 2016. https:// www.gsa.gov/graphics/pbs/Courts_Design_

Julia Lindpaintner

Guide_07.pdf.

Director, Communications. 2016. “Know Your Rights (English)”. National Lawyers Guild.

Accessed December 15 2016. https://www.nlg. org/know-your-rights-english/.

“Jury Service”. 2016. United States Courts.

Accessed December 15 2016. http://www. uscourts.gov/services-forms/jury-service.

“Nat’l Initiative For Building Community Trust And Justice | Center For Policing Equity”. 2016.

Center For Policing Equity. Accessed December 15 2016.

Egan, Mark. “Nudge Database v1.2”. University of Stirling.

The Fund for Modern Courts Case Monitoring Form.

Justice by all

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Julia Lindpaintner

Justice by all

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My name is Julia Lindpaintner and I’m a Swiss-Austrian-American designer living and working in New York City.

Raised in Basel, Switzerland, I graduated cum laude with a BA in History of Science and Dramatic Arts from Harvard University in 2009. After three years performing professionally with New York-based modern dance companies, I sought a different kind of creative outlet and joined Michael Bierut’s team at Pentagram. While there, I acted as project manager, strategist, researcher, and writer on projects ranging from brand strategy and corporate identity to books, digital marketing tools, and environmental installations across a variety of industries. This experience led me to understand design as a means to foster communication within organizations, make a variety of futures tangible, and communicate powerfully and effectively.

Eager to gain a stronger foundation in design and explore its expansive potential, I chose to pursue my MFA at the School of Visual Arts Products of Design program, from which I will graduate in May 2017. The mission statement of this interdisciplinary program resonated instantly: “Designers are no longer in the artifact business; they are in the consequence business.” Learning from celebrated industry professionals in systems and service design, I have come to understand design as a force for social change.

I furthered this understanding during the summer of 2016, when I worked for Common Cents Lab in San Francisco.

Dedicated to improving the financial well-being of low and middle-income Americans, this non-profit applies

principles of behavioral economics to financial products and services. This exposure to behavioral science amplified my appreciation of psychology as a design tool, as well as the relative benefits of quantitative and qualitative research.

To me, design is the best framework for tackling the things that matter. As a designer, I intend to work towards inclusiveness and justice by creating win-win strategies, facilitating collaboration and psychological safety, encouraging prosocial behavior, and envisioning alternative systems.

“A designer’s approach to a problem is analogous to that of the justice-oriented citizen. By questioning the premise of a project, seeking to understand the fundamental issues at stake, and relying on real contact with users to inform our prototypes, we develop a rich and nuanced understanding of systems and are able to create tangible results in the world.�

That design should be used as a tool in the front-line pursuit of reparative solutions in the judicial system may not be intuitive. Yet while many professions are invested in the functioning and reform of the judicial system, design is uniquely suited to consider the way individuals can transform the system through civic engagement.

For her Masters Thesis for the Products of Design program at the School of Visual Arts, Lindpaintner uses the judicial system as a case study to explore the relationship between individual citizens and government institutions. The exploration of the judicial system was catalyzed by her own experience doing jury duty, but her interest in using design in service of social justice is longstanding. Ultimately, she concludes that two ingredients are essential to promoting justice ina system: transparency and participation. This book, her research,and the final design offerings presented here are a few attempts to design products that promote civic engagement by promoting transparency and participation, which she believes are necessary in the pursuit of social justice.